Court of Appeals of Indiana | Memorandum Decision 02A04-1706-CR-1479 | November 29, 2017 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

Mark A. Thoma

Leonard Hammond Thoma & Terrill

Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Michael Gene Worden

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Brian E. Domer,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

November 29, 2017

Court of Appeals Case No.

02A04-1706-CR-1479

Appeal from the Allen Superior 

Court

The Honorable Frances C. Gull, 

Judge

Trial Court Cause No.

02D06-1608-F5-246

Barnes, Judge.
Court of Appeals of Indiana | Memorandum Decision 02A04-1706-CR-1479 | November 29, 2017 Page 2 of 5

Case Summary

[1] Brian Domer appeals his conviction for Level 6 felony domestic battery. We 

affirm.

Issue

[2] Domer raises one issue, which we restate as whether the evidence is sufficient 

to sustain his conviction.

Facts

[3] On August 20, 2016, K.K. was six months pregnant with Domer’s child. She 

sometimes stayed with him at his trailer in Allen County. She was at the trailer 

taking a shower when he returned home, and they started arguing. K.K. called 

her grandmother and started to get dressed. Domer said “Before you leave, 

we’re gonna . . . f***ing fist fight.” Tr. p. 21. K.K. told Domer that she did not 

want to do that. They continued fighting, and K.K. went outside and walked 

down the street but came back. Domer said, “I don’t give a f*** anymore. I 

don’t give a f*** who sees, I’m beating you’re a** right here, right now.” Id. at 

22. Domer then hit K.K. in the face and the head, grabbed her hair, and 

pushed her against the trailer. Domer stopped when he saw a car approach. 

K.K. called her grandmother again and then called 911. When an officer 

arrived, he found that K.K. had a knot on her head and white dust from the 

trailer on the back of her arms. Domer admitted to the officer that he had 

pushed K.K. against the trailer.
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[4] The State charged Domer with Level 5 felony domestic battery with bodily 

injury of a pregnant woman and Level 6 felony domestic battery with a prior 

conviction. A jury found Domer not guilty of the Level 5 felony but guilty of 

the Level 6 felony. Domer then stipulated to having a prior battery conviction, 

and the trial court entered judgment of conviction for Level 6 felony domestic 

battery. The trial court sentenced Domer to two and one-half years in jail. 

Domer now appeals.

Analysis

[5] Domer challenges the sufficiency of the evidence to sustain his conviction. 

When reviewing the sufficiency of the evidence needed 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.

[6] Under Indiana Code Section 35-42-2-1.3, the State was required to prove that 

Domer knowingly or intentionally touched K.K., who was a family or 

household member, in a rude, insolent, or angry manner and that Domer had a 

prior conviction for battery. Domer argues that the evidence is insufficient to 

sustain his conviction because K.K.’s lack of injuries is inconsistent with her 

explanation of the events, she did not go to the hospital or seek medical 
Court of Appeals of Indiana | Memorandum Decision 02A04-1706-CR-1479 | November 29, 2017 Page 4 of 5

treatment, and a neighbor testified that she witnessed the incident and did not 

see Domer hit K.K. 

[7] Although the neighbor, Christy Gipple, testified that she lived next door to 

Domer with her husband, that she witnessed the incident between K.K. and 

Domer, that Domer did not hit K.K., and that she did not talk to the police at 

the time, Gipple also admitted that she had started a relationship with Domer 

while he was incarcerated. K.K. testified that Domer repeatedly hit her on the 

face and head and that he shoved her against the trailer. The responding officer 

found that K.K. had a knot on her head and white dust from the trailer on the 

back of her arms. Further, Domer admitted to the officer that he shoved K.K. 

against the trailer. Domer’s argument is merely a request that we reweigh the 

evidence and judge the credibility of the witnesses, which we cannot do. Bailey,

907 N.E.2d at 1005. The State presented substantial evidence of probative 

value that Domer knowingly or intentionally touched K.K., who was a family 

or household member, in a rude, insolent, or angry manner, and Domer 

stipulated that he had a prior conviction for battery. The evidence is sufficient 

to sustain his conviction.

Conclusion

[8] The evidence is sufficient to sustain Domer’s conviction for Level 6 felony 

domestic battery. We affirm.

[9] Affirmed.
Court of Appeals of Indiana | Memorandum Decision 02A04-1706-CR-1479 | November 29, 2017 Page 5 of 5

May, J., and Bradford, J., concur.