Michael Janitz v. State of Indiana (NFP

Pursuant to Ind.Appellate Rule 65(D),
this Memorandum Decision shall not be
regarded as precedent or cited before
any court except for the purpose of Nov 10 2014, 9:44 am
establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
BARBARA J. SIMMONS GREGORY F. ZOELLER
Oldenburg, Indiana Attorney General of Indiana
KATHERINE MODESITT COOPER
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
MICHAEL JANITZ, )
)
Appellant-Defendant, )
)
vs. ) No. 49A02-1403-CR-197
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable David M. Hooper, Judge
Cause No. 49F08-1309-CM-63832
November 10, 2014
MEMORANDUM DECISION - NOT FOR PUBLICATION
NAJAM, Judge
STATEMENT OF THE CASE
Michael Janitz appeals his conviction for battery, as a Class A misdemeanor,
following a jury trial. He presents a single issue for our review, namely, whether the
State presented sufficient evidence to rebut his self-defense claim.
We affirm.
FACTS AND PROCEDURAL HISTORY
In 2013, Janitz and his father were living in Indianapolis in a residence across the
street from the residence of Mark Young and his fiancée, Cathy Hicks. Janitz and Young
did not get along. Conner McQuade, a friend of Janitz’s, routinely parked his car on the
street directly in front of Young’s house when he visited Janitz, and, on more than one
such occasion, Young made it clear to Janitz and McQuade that he did not want
McQuade to park in front of his house.
On September 26, 2013, Young was standing on his front porch when he saw
McQuade park his car on the street in front of Young’s house. Young asked McQuade to
move his car, and McQuade responded, “Well, what if I don’t?” Tr. at 148. Young told
McQuade that he would call the police if he did not move the car. McQuade then moved
his car and parked it across the street in front of Janitz’s house.
After McQuade parked his car, he got out and said to Young, “There, I moved it,
are you happy?” Id. Young said, “Yeah.” Id. Then McQuade “cussed” at Young, and
McQuade approached Janitz, who was standing outside. Id. At that point, Janitz “came
running across the street into [Young]’s driveway” and Janitz “started swinging and
kicking” at Young. Id. at 149. At one point, Janitz struck Young in the face with a
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closed fist. Eventually, Janitz’s father, who had been working on a car across the street,
came over and “grabbed him and took him back across the street.” Id. at 154. Two
neighbors witnessed the confrontation, and Young, who had a surveillance camera
mounted outside of his house, made a video recording of the incident. Hicks called
police, and a responding officer talked to the witnesses and watched the surveillance
video before he arrested Janitz for battery.
The State charged Janitz with battery, as a Class A misdemeanor. At trial, Janitz
testified that, after McQuade moved his car, he saw Young “charging down the
driveway” towards McQuade and threatening to “kick [McQuade’s] ass.” Id. at 274.
Janitz testified that he hit Young in an effort to prevent harm to McQuade. A jury found
Janitz guilty as charged. The trial court entered judgment and sentence accordingly. This
appeal ensued.
DISCUSSION AND DECISION
Janitz challenges the sufficiency of the evidence contending the State failed to
rebut his claim of self-defense. As our supreme court has explained:
A valid claim of defense of oneself or another person is legal justification
for an otherwise criminal act. Ind. Code § 35-41-3-2(a); Wallace v. State,
725 N.E.2d 837, 840 (Ind. 2000). In order to prevail on such a claim, the
defendant must show that he: (1) was in a place where he had a right to be;
(2) did not provoke, instigate, or participate willingly in the violence; and
(3) had a reasonable fear of death or great bodily harm. McEwen v. State,
695 N.E.2d 79, 90 (Ind. 1998). When a claim of self-defense is raised and
finds support in the evidence, the State has the burden of negating at least
one of the necessary elements. Id. If a defendant is convicted despite his
claim of self-defense, this Court will reverse only if no reasonable person
could say that self-defense was negated by the State beyond a reasonable
doubt. Taylor v. State, 710 N.E.2d 921, 924 (Ind. 1999). . . . The standard
of review for a challenge to the sufficiency of evidence to rebut a claim of
self-defense is the same as the standard for any sufficiency of the evidence
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claim. Sanders v. State, 704 N.E.2d 119, 123 (Ind. 1999). We neither
reweigh the evidence nor judge the credibility of witnesses. Id. If there is
sufficient evidence of probative value to support the conclusion of the trier
of fact, then the [judgment] will not be disturbed. Id.Wilson v. State, 770 N.E.2d 799, 800-01 (Ind. 2002) (emphases added).
We agree with the State that Janitz’s self-defense claim fails because his claim did
not find support in the evidence. See id. In particular, Janitz did not present evidence
that he was in a place where he had a right to be at the time of the battery. The
undisputed evidence shows that Young had posted a “No Trespassing” sign at the end of
his driveway and that Young had repeatedly told Janitz to stay off of his property. Thus,
Janitz, who was standing on Young’s private driveway when he struck Young, was not in
a place where he had a right to be.
Moreover, even if Janitz were in a place where he had a right to be, the State
presented sufficient evidence to negate the other two elements of his claim. In particular,
the State presented evidence that Young did not charge at or otherwise pose a threat to
McQuade’s safety at the time Janitz struck Young. And, because the State presented
evidence that Young posed no threat to McQuade’s safety, the evidence supports a
conclusion that fear for McQuade’s safety was unfounded. Thus, Janitz’s contentions on
appeal amount to a request that we reweigh the evidence, which we will not do. The
State presented sufficient evidence to support Janitz’s conviction.
Affirmed.
BAILEY, J., and PYLE, J., concur.
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