MEMORANDUM DECISION FILED Pursuant to Ind. Appellate Rule 65(D), Apr 15 2020, 8:03 am this Memorandum Decision shall not be CLERK regarded as precedent or cited before any Indiana Supreme Court Court of Appeals court except for the purpose of establishing and Tax Court the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Donald C. Swanson, Jr. Curtis T. Hill, Jr. Fort Wayne, Indiana Attorney General of Indiana Tyler G. Banks Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Jose J. Reyes, April 15, 2020 Appellant-Defendant, Court of Appeals Case No. 19A-CR-2541 v. Appeal from the Allen Superior Court State of Indiana, The Honorable Samuel R. Keirns, Appellee-Plaintiff. Magistrate Trial Court Cause No. 02D06-1904-F6-499 Tavitas, Judge. Court of Appeals of Indiana | Memorandum Decision 19A-CR-2541 | April 15, 2020 Page 1 of 9 Case Summary [1] Jose J. Reyes appeals his convictions and sentence for battery on a public safety official, a Level 6 felony, and resisting law enforcement, a Class A misdemeanor. We affirm. Issues [2] Reyes raises two issues on appeal, which we restate as follows: I. Whether the jury returned inconsistent verdicts; and II. Whether Reyes’ sentence is inappropriate in light of the nature of his offense and his character. Facts [3] Ava Maria Hospitality House (“AMHH”) is located in Fort Wayne. AMHH is operated by St. Mary’s Catholic Church, which also operates a soup kitchen across the street from AMHH. AMHH provides food as well as telephone, computer, laundry, and shower amenities to homeless persons. Reyes was homeless for the three-year period preceding the instant events. Reyes “frequently” used AMHH’s facilities, which include a single shower stall. Tr. Vol. II p. 22. [4] On April 22, 2019, Reyes entered AMHH, intending to use the shower stall. Volunteer Vickie Schneider was on duty at the time. Reyes was agitated upon arrival and wanted to shower immediately; he became even more agitated on learning that the shower was occupied. Reyes added his name to AMHH’s Court of Appeals of Indiana | Memorandum Decision 19A-CR-2541 | April 15, 2020 Page 2 of 9 shower signup sheet and, when the shower became available, Reyes entered to use it. Reyes immediately began to shout that the water was too cold. [5] The disturbance was brought to Schneider’s attention. Schneider approached the shower area and advised Reyes, who was still in the shower, that the water temperature was beyond AMHH’s control. Schneider stated that Reyes should exit the shower if the water was too cold. Reyes “became belligerent and started hollering and calling [Schneider] names[.]” Id. at 23. Schneider instructed a volunteer to notify Detective Larry Tague of the Fort Wayne Police Department, who worked a private security detail at the soup kitchen. [6] Reyes exited the shower stall, shouted that he would “kill everybody in the house[,]” and stated that he was not afraid of the police and “would kill” any police officer that responded to AMHH. ...
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