Date: 11-04-2024

Case Style:

State of Indiana v. Jasmine Bundles

Case Number: 49D18-2304-F6-10610

Judge: William J. Nelson

Court: Superior Court, Marion County, Indiana

Plaintiff's Attorney: Marion County, Indiana Prosecuting Attorney's Office

Defendant's Attorney:

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Description:

Indianapolis, Indiana criminal defense lawyer represented the Defendant charged with battery on a public safety official.

On April 20, 2023, Bundles was living in InTown Suites, an extended stay hotel in Indianapolis. Indianapolis Metropolitan Police Department (IMPD) officers were dispatched to the hotel on the report of a disturbance. Bundles was inside her room with a male individual, where items were being thrown around.

IMPD Officers Anthony Long and Trevor Wright responded to the dispatch. The male was placed in handcuffs and accompanied by Officer Wright in the hallway, while Officer Long went inside the hotel room to secure Bundles. When Bundles would not cooperate, the officers called for backup. IMPD Officers Zachary Alexander and Ericson Hernandez-Morgado quickly responded to the scene on the report of a "resistor." Transcript at 44. Officer Alexander arrived "hot" with lights and sirens activated. Id. at 49. He was in full police uniform. The record does not expressly state whether Officer Hernandez-Morgado was also in uniform or whether he rode in the same vehicle as Officer Alexander.

Upon their arrival, Officers Alexander and Hernandez-Morgado both observed Officer Long "wrestling" with Bundles inside the room. Id. at 44 and 49. Officer Alexander then stood with the male subject in the hallway, as Officers Wright and Hernandez-Morgado went to assist Officer Long. Together they were able to place Bundles in handcuffs while she continued to struggle. She was then taken into the hallway, where she waited with officers until a female officer arrived to perform a search of Bundles before transport.

Bundles was argumentative and continued to disregard the officers' demands in the hallway. She refused to allow herself to be searched by the female officer, so several officers attempted to place Bundles on the ground. When Officer Hernandez-Morgado put his hands on her shoulders, Bundles turned her head and bit his left arm. She did not let go until Officer Hernandez-Morgado struck her. The bite broke through his skin. Bundles also spit on Officer Alexander's face and uniform, and bit or attempted to bite Officer Long.

The State charged Bundles with three counts of Level 6 felony battery - alleged victims Officer Hernandez-Morgado (Count I), Officer Long (Count II), and Officer Alexander (Count III) - and one count of Level 6 felony resisting law enforcement. The matter proceeded to a bench trial on March 25, 2024, where only Officers Hernandez-Morgado and Alexander testified for the State. Bundles then testified briefly on her own behalf, claiming that she was confused about why "the police" were in her hotel room and that she was frightened during the arrest. Id. at 55.

Outcome: The trial court found Bundles guilty of Counts I and III and not guilty of Counts II and IV. The court then sentenced Bundles to 545 days in the Marion County Jail on each count, to be served concurrently, and suspended all but time served. The court assigned a mental health probation officer, as Bundles has been diagnosed with schizophrenia. Bundles now appealed.

Affirmed

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Defendant's Experts:

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