Preview:

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 establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: CHARLES W. LAHEY South Bend, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
DAVID PAUL CLARK, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 71A04-0706-CR-339

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT The Honorable Jerome Frese, Judge Cause No. 71D03-0311-MR-28

December 26, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant David Paul Clark appeals his conviction for Voluntary Manslaughter,1 a class A felony. Clark argues that the State failed to provide sufficient evidence rebutting his claim that he acted in self-defense. Finding no error, we affirm the judgment of the trial court. FACTS On November 17, 2003, Clark walked into a liquor store in South Bend and purchased a six-pack of beer. Clark exited the store and encountered two men, later identified as Gregory and Jeffrey Funches, in the parking lot. Clark was unsettled by the encounter and reentered the store to ask the clerk to call the police, though he did not respond after the clerk asked him why the police needed to be called. The clerk refused and instead told all three men to leave. Clark walked north on Main Street, followed by Gregory and Jeffrey. When Clark stopped at a traffic light, he heard the two men shouting and decided to hide in some nearby bushes. Clark testified that he could not hear what the men were saying but that he was sure they were coming after him to beat him up. Tr. at 239, 244. As the Funches brothers approached, but before they saw Clark, he emerged from the bush and confronted them. Gregory grabbed the white bag containing the beer, and the two men struggled over the bag. Clark shouted, "I told you to leave my bag alone," and "I told you this is my bag." Id. at 98-99. Clark then stabbed Gregory twice with a knife, piercing Gregory's heart and major blood vessels. Gregory later died from the wounds. After the

1

Ind. Code

Download David Paul Clark v. State of Indiana.pdf

Indiana Law