Opinion
24A-CR-611
11-27-2024
Jeffrey Conger, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff
ATTORNEY FOR APPELLANT Ellen M. O'Connor Marion County Public Defender Agency Indianapolis, Indiana ATTORNEY FOR APPELLEE Theodore E. Rokita Attorney General of Indiana, Ian McLean Deputy Attorney General Indianapolis, Indiana
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case.
Appeal from the Marion Superior Court The Honorable Jennifer P. Harrison, Judge Trial Court Cause No. 49D20-2301-F5-1769
ATTORNEY FOR APPELLANT Ellen M. O'Connor Marion County Public Defender Agency Indianapolis, Indiana
ATTORNEY FOR APPELLEE Theodore E. Rokita Attorney General of Indiana, Ian McLean Deputy Attorney General Indianapolis, Indiana
MEMORANDUM DECISION
WEISSMANN, JUDGE.
[¶1] Jeffrey Conger prevented his friend Jean Straber from leaving Conger's home. He ripped off Straber's clothes, bruised her arm and neck through acts of battery, forced her onto a bed, and then blocked her exit from the bedroom until police came to her rescue. For this, Conger was convicted of Level 5 felony criminal confinement causing bodily injury. Conger appeals his conviction, challenging the sufficiency of the evidence to prove that he confined Straber or caused her bodily injury. We affirm.
Facts
[¶2] Two years after suffering a stroke, Conger had healthcare needs that required him to hire a home health aide. To assist him in the hiring process, Conger invited his friend Straber, a retired nurse, to visit him in Indianapolis. Conger and Straber had been in an "off again / on again" romantic relationship for 13 years, but they were not together at the time. Tr. Vol. II, p. 127. Straber had determined she "was not going to have any type of romantic relationship with [Conger] again until certain things changed." Id. But she was willing to help him find a home health aide.
[¶3] Straber lived in Batesville. To facilitate her visit to Indianapolis, Conger's friend "Lefty" picked up Straber, drove her to Conger's home, and planned to drive her back to Batesville the following day. Straber's son was hosting an event in Batesville that day, and Conger promised Straber she would make it back in time. He even agreed to attend the event with her.
[¶4] Shortly after Straber arrived at Conger's home, Conger began insisting that Straber serve as his home health aide. Straber would not agree to it, which created some friction between her and Conger. But the two eventually moved on from the topic. They scheduled a third-party home health aide to come the following week and then spent the rest of the night eating pizza and watching television. The friction, however, returned the next day.
[¶5] When it was time for Straber to return to Batesville, Conger became tense and erratic. He told Straber she was "going to stay with him" because they "loved each other" and she was "going to take care of him." Id. at 139. He also said Straber could not leave because he had called Lefty and cancelled her ride home. Still, Straber insisted she was leaving and advised that she would call a friend to pick her up. Things then turned physical.
[¶6] Conger "ripped" off Straber's clothes, including her bra. Id. at 135. He punched Straber in both arms, slapped off her glasses, and slammed her into multiple walls. He also pushed Straber into a bedroom, shoved her onto the bed, climbed on top of her, and began to strangle her. Once Conger stopped battering Straber, he told her she was not allowed to leave until her bruises healed. He then left the bedroom with her clothes, closed the door, and positioned himself outside to prevent her from fleeing.
[¶7] Straber soon realized her cellphone was inside the bedroom with her, and she called her friend Kristina Pfeifer for help. Not much was said during this call, but Straber sounded "frantic and distant." Id. at 107. Conger became furious when he discovered Straber on the phone, and Pfeifer could hear him yelling. He told Straber to "shut up" and demanded to know whom she had called. Id. Pfeifer then heard a big scuffle before the call was disconnected.
[¶8] Pfeifer called 911, and two police officers were dispatched to Conger's home to conduct a welfare check on Straber. No one answered when the officers knocked on Conger's door, but they could hear movement inside the home. Minutes later, after additional knocking, Straber answered the door wearing only a blanket. She was "very frantic," "upset," "scared," and "exhausted." Id. at 177, 180. After speaking with Straber, the officers arrested Conger. An evidence technician then came and photographed bruises on Straber's arm and neck. Eventually, Pfiefer was called to the scene to drive Straber home.
[¶9] The State charged Conger with Level 5 felony criminal confinement causing bodily injury. At Conger's jury trial, Straber testified about Conger ripping off her clothes, battering her, and essentially locking her in a bedroom to prevent her departure. According to Straber, she feared for her life during the incident but, even if she could have physically left Conger's house, she did not feel free to leave because she was naked and Conger had taken her clothes. The State also presented Pfeifer's testimony about Straber's call for help, a responding police officer's testimony about Straber's demeanor at the scene, and the evidence technician's photographs of Straber's bruises.
[¶10] The jury found Conger guilty of the charged offense, and the trial court entered judgment of conviction. Later, the court sentenced Conger to a four-year term with one year in prison, two years on home detention, and one year suspended to probation. Conger appeals only his conviction, challenging the sufficiency of the evidence to support it.
Discussion and Decision
[¶11] When reviewing the sufficiency of evidence to support a criminal conviction, we neither reweigh evidence nor judge witness credibility. Bailey v. State, 907 N.E.2d 1003, 1005 (Ind. 2009). We consider only the evidence supporting the judgment and any reasonable inferences that can be drawn from such evidence. Id. We will affirm if there is substantial evidence of probative value such that a reasonable trier of fact could have concluded the defendant was guilty beyond a reasonable doubt. Id.
[¶12] To convict Conger of criminal confinement, the State had to prove beyond a reasonable doubt that he knowingly or intentionally "confine[d]" Straber without her consent. Ind. Code § 35-42-3-3(a). But to support his conviction as a Level 5 felony, the State also had to prove that Straber's confinement resulted in "bodily injury." Ind. Code § 35-42-3-3(b)(1)(C). Conger argues that the State presented insufficient evidence to prove the confinement and bodily injury elements of the offense. We disagree.
A. Confinement
[¶13] The State presented sufficient evidence to prove Conger confined Straber. "Confine" means to "substantially interfere with the liberty of a person." Ind. Code § 35-42-3-1; see Ind. Code § 35-31.5-2-57 (applying definition to criminal confinement). Here, the evidence shows that Conger cancelled Straber's ride when it was time for her to leave his house and repeatedly told her she could not leave. When Straber insisted on leaving, Conger ripped off her clothes, punched her, strangled her, and essentially locked her in a bedroom. Then, when Straber made a phone call for help, Conger seemingly forced her to hang up. All along, Straber felt she could not leave Conger's house.
[¶14] The record contains substantial evidence of probative value from which the jury could have found beyond a reasonable doubt that Conger substantially interfered with Straber's liberty. And Conger's only arguments to the contrary are invitations for this Court to reweigh the evidence, which we will not do. Bailey, 907 N.E.2d at 1005; see generally Appellant's Br., p. 11 (referencing evidence that Straber sometimes has memory lapses and suggesting that she could have left due to Conger's weakened health).
B. Bodily Injury
[¶15] The State also presented sufficient evidence to prove Conger caused Straber bodily injury. "Bodily injury" means "any impairment of physical condition, including physical pain." Ind. Code § 35-31.5-2-29. At trial, the State presented Straber's testimony that Conger punched her in both arms, strangled her, and then told her she was not allowed to leave until her bruises healed. The State also presented the evidence technician's photographs of Straber's bruised arm and neck.
[¶16] The record contains substantial evidence of probative value from which the jury could have found beyond a reasonable doubt that Conger's confinement of Straber resulted in an impairment of her physical condition. Again, Conger's only arguments to the contrary are impermissible requests for this Court to reweigh the evidence. Bailey, 907 N.E.2d at 1005; see generally Appellant's Br., p. 11 (referencing evidence that Conger did not cause the photographed scar on Straber's neck and asserting that some of her bruises appeared to be older than the incident).
[¶17] Finding sufficient evidence to support Conger's conviction for Level 5 felony criminal confinement, we affirm the trial court's judgment.
Pyle, J., and Felix, J., concur.