Pierre Devon Porter v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Feb 12 2018, 9:36 am
regarded as precedent or cited before any CLERK
Indiana Supreme Court
court except for the purpose of establishing Court of Appeals
and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Michael C. Borschel Curtis T. Hill, Jr.
Indianapolis, Indiana Attorney General of Indiana
Matthew B. MacKenzie
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Pierre Devon Porter, February 12, 2018
Appellant-Defendant, Court of Appeals Case No.
49A02-1709-CR-2160
v. Appeal from the
Marion Superior Court
State of Indiana, The Honorable
Appellee-Plaintiff. Mark D. Stoner, Judge
Trial Court Cause No.
49G06-1705-F3-16526
Kirsch, Judge.
Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 1 of 5
[1] Pierre Devon Porter (“Porter”) appeals his conviction for criminal confinement
while armed with a deadly weapon, 1 a Level 3 felony, contending that the State
failed to present sufficient evidence of confinement.2
[2] We affirm.
Facts and Procedural History
[3] Paula Shofner (“Shofner”) met and began dating Porter in January of 2017. On
May 2, 2017, she received a phone call from a male friend that angered Porter.
When Shofner was driving Porter back to his house later, Porter was still angry
about the phone call. He broke several of the vents in Shofner’s car and then
began to choke her while she was driving. Shofner pulled into a gas station,
and both she and Porter exited the vehicle.
[4] Shofner ran into the gas station and told the clerks to lock the door. Moments
later, Porter entered the gas station store yelling, “you want to play with guns”
and began chasing Shofner around the store. Tr. Vol. II at 57. He then ran back
to the entrance of the store, set his black backpack down, and pulled out a black
.380 caliber handgun. He racked the slide of his handgun to chamber a round,
grabbed Shofner, placed his handgun on the side of her head, and said, “Let’s
go.” Id. at 58. James Ballard, one of the gas station clerks, told Porter “man
1
See Ind. Code § 35-42-3-3.
2
Porter was also convicted of criminal recklessness, a Level 6 felony, possession of marijuana, a Class B
misdemeanor, and battery causing bodily injury, a Class A misdemeanor, and was adjudicated to be a
habitual offender. Those convictions and the adjudication are not at issue in this appeal.
Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 2 of 5
don’t shoot her, it ain’t worth it,” id. at 59-60, as Shofner cried and had her
hands up, attempting to duck away from Porter. Porter held Shofner in place,
reached into her waistband, and took her handgun away from her. Then Porter
took his backpack and briefly left the store, but returned moments later to grab
Shofner by the hair and forcibly remove her.
[5] Once they were outside, Shofner was able to break away from Porter and run to
her car. As Shofner entered her vehicle and attempted to drive away, Porter
fired two rounds into the pavement in front of her vehicle. Shofner drove away
from the gas station and called 911. Law enforcement officers responded to a
report of shots fired at the gas station and located Porter walking a short
distance away. Officers found two spent 9mm shell casings in the parking lot of
the gas station, and video footage of Porter’s actions caught on the gas station’s
security cameras. Officers arrested Porter and discovered two handguns in his
backpack.
[6] The State charged Porter with various offenses due to his actions, including
criminal confinement as a Level 3 felony. A jury trial was held, and Porter was
found guilty of several of the charged offenses, including Level 3 felony
criminal confinement. Porter now appeals his conviction for criminal
confinement.
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Discussion and Decision
[7] Porter claims that the State failed to present sufficient evidence to support his
conviction for Level 3 felony criminal confinement. Specifically, Porter argues
that there was insufficient evidence proving that he actually confined Shofner.
[8] When considering a claim of insufficient evidence, we adhere to a long-settled
standard of review. We do not reweigh evidence or assess the credibility of
witnesses, and we will consider only the evidence, and the reasonable
inferences drawn therefrom, that are most favorable to the verdict. Gleason v.
State, 965 N.E.2d 702, 708 (Ind. Ct. App. 2012). We will affirm a conviction “if
the evidence and those inferences constitute substantial evidence of probative
value to support the verdict.” Id. “Reversal is appropriate only when a
reasonable trier of fact would not be able to form inferences as to each material
element of the offense.” Id.[9] Indiana Code section 35-42-3-3(a) provides in applicable part that, “A person
who knowingly or intentionally confines another person without the other
person’s consent commits criminal confinement. The statute further provides
that the offense is a Level 3 felony if it is committed while armed with a deadly
weapon. Ind. Code § 35-42-3-3(2)(A).
[10] Here, the evidence showed that Porter chased Shofner around the gas station
store, pulled out a black .380 caliber handgun, racked the slide of his handgun
to chamber a round, grabbed Shofner, placed his handgun on the side of her
Court of Appeals of Indiana | Memorandum Decision 49A02-1709-CR-2160 | February 12, 2018 Page 4 of 5
head, and said, “Let’s go.” Tr. Vol. II at 58. He then grabbed Shofner by the
hair and forcibly removed her from the store.
[11] Indiana Code section 35-42-3-1 provides that confine means to “substantially
interfere with the liberty of a person.” In grabbing Shofner, placing a gun to the
side of her head, and forcibly removing her from the store, Porter substantially
interfered with her liberty. Considering only the evidence most favorable to the
verdict, sufficient evidence was presented to support Porter’s conviction for
criminal confinement as a Level 3 felony. Accordingly, we affirm his
conviction.
[12] Affirmed.
[13] Bailey, J., and Pyle, J., concur.
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