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

Gary Griner

Mishawaka, Indiana

ATTORNEYS FOR APPELLEE

Gregory F. Zoeller

Attorney General of Indiana

Karl M. Scharnberg

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Fabian Cruz,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff

August 7, 2015

Court of Appeals Case No.

71A03-1501-CR-26

Appeal from the St. Joseph Superior 

Court

The Honorable John M. Marnocha, 

Judge

Cause No. 71D02-1408-F5-24

Bailey, Judge.

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Case Summary

[1] After a jury trial, Fabian Cruz (“Cruz”) was convicted of Battery with a Deadly 

Weapon, as a Level 5 felony.1

 Cruz appeals, raising for our review the sole 

question of whether there was sufficient evidence to support the conviction. 

Concluding that there was sufficient evidence introduced at trial, we affirm.

Facts and Procedural History

[2] On August 12, 2014, after working a third-shift job, Jonathon Jackson 

(“Jackson”) asked Cruz, his on-again, off-again boyfriend, to come to Jackson’s 

apartment in South Bend. The two drove separately, and fell asleep on 

Jackson’s bed soon after arriving at Jackson’s apartment.

[3] On the afternoon of August 12, Cruz and Jackson got into an argument over a 

text message Jackson had received from a friend. The argument escalated into 

a physical confrontation between the two men. Jackson told Cruz to leave, and 

Cruz began to do so. Cruz believed he had left behind a flip-flop shoe, 

however, and wanted to retrieve it. A physical confrontation between Jackson 

and Cruz ensued again.

[4] Jackson worked in a warehouse setting, and owned a box cutter with a 

retractable razor blade. Upon arriving home, Jackson had tossed the item on 

1 Ind. Code §§ 35-42-2-1(b) & (f)(2).

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the floor. At some point during their confrontation, Jackson gained the upper 

hand. Cruz broke free, picked up the box cutter, and began swinging it at 

Jackson. Jackson suffered two injuries: a shallow cut to his chest, and a deeper 

cut to his right arm.

[5] After Jackson was injured, his roommate, David Cabanaw (“Cabanaw”), called 

police, brought Jackson outside, and took Jackson to the office of the apartment 

complex. Cabanaw then flagged down a detective who had been driving 

nearby. Jackson was transported to a hospital for medical treatment.

[6] Cruz left the premises, and was arrested later that day. On August 14, 2014, 

Cruz was charged with Battery with a Deadly Weapon. A jury trial was 

conducted on November 18 and 19, 2014. At its conclusion, the jury found 

Cruz guilty, as charged.

[7] On January 7, 2015, the trial court conducted a sentencing hearing. The court 

entered judgment against Cruz at that time and sentenced him to three years 

imprisonment, with the entirety of the term suspended. The court ordered Cruz 

to serve one year of probation.

Discussion and Decision

[8] Cruz’s sole contention upon appeal is that the State failed to prove that there 

was sufficient evidence of his intent to commit Battery with a Deadly Weapon, 

as charged.

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[9] Our standard of review in challenges to the sufficiency of evidence is well 

settled. We consider only the probative evidence and reasonable inferences 

supporting the verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We do 

not assess the credibility of witnesses or reweigh evidence. Id. We will affirm 

the conviction unless “no reasonable fact-finder could find the elements of the 

crime proven beyond a reasonable doubt.” Id. (quoting Jenkins v. State, 726 

N.E.2d 268, 270 (Ind. 2000)). “The evidence is sufficient if an inference may 

reasonably be drawn from it to support the verdict.” Id. at 147 (quoting Pickens 

v. State, 751 N.E.2d 331, 334 (Ind. Ct. App. 2001)).

[10] To convict Cruz of Battery with a Deadly Weapon, as charged, the State was 

required to prove beyond a reasonable doubt that Cruz knowingly touched 

Jackson in a rude, insolent, or angry manner, and committed that touching with 

a deadly weapon, namely, a box cutter. I.C. §§ 35-42-2-1(b) & (f)(2); App’x at 

6.

[11] In his appeal, Cruz’s sole argument is that there was insufficient evidence from 

which a jury could conclude that his touching of Jackson by means of the box 

cutter was knowingly committed. “A person engages in conduct ‘knowingly’ if, 

when he engages in the conduct, he is aware of a high probability that he is 

doing so.” I.C. § 35-41-2-2(b). “Intent can be inferred from a defendant’s 

conduct and the natural and usual sequence to which such conduct logically 

and reasonably points. The fact finder is entitled to infer intent from the 

surrounding circumstances.” Lee v. State, 973 N.E.2d 1207, 1210 (Ind. Ct. App. 

2012) (citations omitted).

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[12] At trial, Cruz, Jackson, and Cabanaw all testified that Cruz and Jackson 

engaged in a physical confrontation with one another. Jackson testified that 

during this confrontation, he saw Cruz pick up the box cutter and swing it at 

him multiple times. Jackson further testified that he was attempting to leave the 

room when Cruz cut him: “as I ran out the door I got sliced.” Tr. at 155. 

Jackson suffered two injuries from the box cutter: one to his chest, and one to 

his arm. The latter of these injuries caused paramedics to transport Jackson to a 

hospital, where the wound was repaired with twenty four staples.

[13] Picking up a cutting device from the floor and swinging it multiple times while 

engaged in a fight leads to a reasonable inference that Cruz’s intent was to 

touch Jackson with the box cutter. Cruz’s argument to the contrary draws our 

attention to testimony from Jackson and Cabanaw concerning their impressions 

of Cruz’s demeanor, and Cruz’s claimed inability to remember cutting Jackson 

as a result of injuries from the fight. To the extent Cruz relies on such 

arguments, we note that these are invitations to reweigh evidence or reassess 

witness credibility, which we cannot do.

[14] There was sufficient evidence to sustain Cruz’s conviction. We accordingly 

affirm the judgment of the trial court.

[15] Affirmed.

Baker, J., and Mathias, J., concur.

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