Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 1 of 5

MEMORANDUM DECISION

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

Ellen F. Hurley

Indianapolis, Indiana

ATTORNEYS FOR APPELLEE

Gregory F. Zoeller

Attorney General of Indiana

Karl Scharnberg

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

William McNeal,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff

November 10, 2015

Court of Appeals Case No.

49A02-1503-CR-130

Appeal from the Marion Superior 

Court

The Honorable William J. Nelson, 

Judge, and the Honorable Shannon 

L. Logsdon, Commissioner

Trial Court Cause No.

49F18-1403-FD-12074

Mathias, Judge.

[1] Following a jury trial in Marion Superior Court, William McNeal (“McNeal”) 

was convicted for Class D felony resisting law enforcement and Class B 
Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 2 of 5

misdemeanor unauthorized entry of a motor vehicle. He was ordered to serve 

545 days on home detention with 185 days suspended to probation. On appeal, 

McNeal argues that the State failed to present sufficient evidence to support his

conviction for resisting law enforcement.

[2] We affirm.

Facts and Procedural History

[3] Late in the evening on March 8, 2014, Brandon Jones (“Jones”) returned to a 

friend’s house after he purchased some groceries. He left his 2001 blue 

Chevrolet Monte Carlo running in the alley as he transported the groceries from 

the car into the house. As he walked into the house, he heard the sound of 

squealing tires and immediately ran outside only to see his car speeding away. 

Jones called 911 and reported his car stolen. 

[4] Officer Daniel Brezik (“Officer Brezik”) of the Indianapolis Metropolitan Police 

Department (“IMPD”) was dispatched to the location where Jones’s car was 

stolen around 8:40 p.m. After taking a statement from Jones and getting a better 

description of the car, Officer Brezik broadcasted the car’s description over his 

police radio.

[5] Around 9:00 p.m., IMPD Officer Michael Leepper (“Officer Leepper”), was 

just starting his shift nearby when he heard Officer Brezik’s broadcast about the 

stolen vehicle. About one hour later, while on patrol, Officer Leepper was at the 

intersection of Michigan Street and Linwood Avenue heading south when he 
Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 3 of 5

noticed a blue Monte Carlo stopped at a traffic light. He drove past the car and

confirmed that the license plate matched the one from Jones’s stolen vehicle. 

Officer Leepper then turned around to initiate a traffic stop and activated his 

emergency lights. He also requested back-up assistance. 

[6] McNeal, who was driving the car, turned onto Michigan, a one-way street, 

going the wrong direction but quickly stopped after turning into a parking lot. 

Officer Leepper pulled up behind him, stepped out of his vehicle, and began to 

approach the car. As Officer Leepper approached, McNeal drove away and 

turned back onto Linwood Avenue. Officer Leepper indicated on his radio that 

McNeal had fled. McNeal stopped the car shortly after several more police cars 

pulled behind him with their lights and sirens activated. 

[7] The State charged McNeal with Class D felony auto theft, Class D felony

resisting law enforcement, and Class B misdemeanor unauthorized entry of a 

motor vehicle. After a jury trial on January 22, 2015, McNeal was convicted on 

all charges except Class D felony auto theft. At the February 4, 2015 sentencing 

hearing, the trial court ordered him to serve an aggregate sentence of 545 days 

executed on home detention and 185 days suspended to probation. McNeal 

now appeals. 

Discussion and Decision

[8] McNeal argues that his conviction was not supported by sufficient evidence.

“Upon a challenge to the sufficiency of evidence to support a conviction, a 

reviewing court does not reweigh the evidence or judge the credibility of 
Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 4 of 5

witnesses, and respects the jury’s exclusive province to weigh conflicting 

evidence. Montgomery v. State, 878 N.E.2d 262, 265 (Ind. Ct. App. 2007) 

(quoting McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005)). We consider only 

probative evidence and reasonable inferences supporting the verdict. Id. We 

must affirm if the probative evidence and reasonable inferences drawn from the 

evidence could have allowed a reasonable trier of fact to find the defendant 

guilty beyond a reasonable doubt. Id.

[9] The State was required to prove beyond a reasonable doubt that McNeal:

[k]nowingly or intentionally fle[d] from a law enforcement officer 

after the officer ha[d], by visible or audible means, including 

operation of the law enforcement officer’s siren or emergency 

lights, identified himself or herself and ordered [him] to stop.

Ind. Code § 35-44.1-3-1(1)(a)(3). This is a Class D felony if the person 

uses a vehicle to commit the offense. Ind. Code § 35-44.1-3-

1(1)(a)(3)(b)(1)(A). 

[10] McNeal disputes that he fled from law enforcement. He contends that he did 

not see Officer Leepper’s emergency lights, that he did not know he was being 

ordered to stop, and that he stopped after he saw the other police cars with their 

lights and sirens activated. 

[11] At trial, Officer Leepper testified that he pulled behind McNeal with his 

emergency lights activated. After driving down the wrong way of a one-way 

street, McNeal pulled into a parking lot and stopped. As Officer Leepper 

approached the vehicle on foot, McNeal drove away and was apprehended
Court of Appeals of Indiana | Memorandum Decision 49A02-1503-CR-130 | November 10, 2015 Page 5 of 5

shortly thereafter by a couple of back-up officers that Officer Leepper had 

requested when he identified the vehicle as stolen. Based on this evidence, it 

was reasonable for a jury to conclude that McNeal knowingly fled from Officer 

Leepper in a vehicle. 

[12] The jury has the discretion to weigh Officer Leepper’s credibility against 

McNeal’s’ credibility. We must respect this discretion. See McHenry, 820 N.E.2d 

at 126. We therefore conclude that the State presented sufficient evidence to 

support McNeal’s conviction and we affirm his Class D felony resisting law 

enforcement conviction.

[13] Affirmed. 

Baker, J., and Bailey, J., concur.