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Lights out 12 og ron c11/13/2023 somethin to kind of alert the car that you’re about to run us over.” (Tr. 2 Ryan Harrison described the item as a key chain with a rubber ball that is “basically a safety measure. at 102.) Eaton encouraged Stewart to turn himself in to police, and when Stewart refused, Eaton told him to get away from the house. at 100), and that he “fired until the guy went down.” (Id. Eaton testified that when Stewart was telling him about the shooting, Stewart said “he was defending hisself and his vehicle,” (id. Stewart drove to his mother’s house to tell her about the incident. Norris died during the ambulance ride to the hospital. After firing the shots, Stewart got back into the Durango and drove away. Norris fell to the ground after being shot in his left shoulder and the back of his head. Stewart exited his Durango, walked to the back of the vehicle, and fired his weapon six times in the direction of the motorcyclists. Norris was still on his motorcycle, but Patton was not. ![]() I at 126.) Stewart then drove the Durango toward the parking lot exit and stopped about “ten car lengths” from Norris’ motorcycle. ![]() As Stewart tried to drive around Norris’ motorcycle, Norris hit the Durango with a “monkey ball,” described at trial as “a self defense weapon.” 2 (Tr. Stewart then backed away from the motorcycles, but Norris rode his motorcycle forward and stopped near the front passenger side door of the Durango. Court of Appeals of Indiana | Memorandum Decision 49A02-1604-CR-740 | Aug of 12 the parking lot exit. Norris and Harrison followed the Durango into the parking lot and positioned their motorcycles a couple feet in front of the Durango near 1 Ind. II at 382.) When the light turned green, Stewart quickly sped away from the motorcycles and then pulled into a nearby pawn shop parking lot. Stewart held up a handgun and said, “You just need to keep goin. The motorcycles pulled up beside the Durango at the next red light, and Norris began to yell at Stewart about cutting them off. Both motorcycles were cut off by a Dodge Durango driven by Stewart. They were riding alongside another motorcycle carrying two friends, Ryan and Rachel Harrison. Facts and Procedural History On May 3, 2015, Nicholas Norris and his girlfriend, Amanda Patton, were riding his motorcycle in Indianapolis. Whether the trial court erred in instructing the jury on selfdefense. Whether the State presented sufficient evidence to disprove Stewart’s claim of self-defense and 2. Stewart appeals his conviction of Level 2 felony voluntary manslaughter, 1 a lesser included offense of murder. Court of Appeals of Indiana | Memorandum Decision 49A02-1604-CR-740 | Aug of 12 Ron C. State of Indiana, Appellee-Plaintiff Appeal from the Marion Superior Court The Honorable Kurt Eisgruber, Judge Trial Court Cause No. ![]() Stewart, AugAppellant-Defendant, Court of Appeals Case No. Szyper Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Ron C. Attorney General of Indiana Frederick Vaiana Voyles Zahn & Paul Indianapolis, Indiana Caryn N. ![]() FILED Aug 09 2017, 6:19 am CLERK Indiana Supreme Court Court of Appeals and Tax Court ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Ruth Ann Johnson Marion County Public Defender Appellate Division Indianapolis, Indiana Curtis T. 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.
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