Special to the News
On January 27, 2014, the Indiana Court of Appeals issued their Memorandum Decision affirming Brandon McManomy’s Attempted Murder conviction.
On February 3, 2011, Posey County Sheriffs Deputy Dan Montgomery and Indiana State Police Ofﬁcer Kylen Compton went to the home of Brandon McManomy’s parents at 10700 Yellow Leaf Drive, in Evansville, Posey County, Ind., in order to arrest McManomy on an outstanding warrant that had been issued out of Calloway County, Ky. McManomy immediately became upset when he realized the police were there to arrest him. McManomy then armed himself with a knife and resisted arrest. During the struggle to arrest him, McManomy began swinging the knife toward Montgomery and also slashed his own throat. Montgomery was forced to use his Taser gun to bring McManomy under control. Montgomery then realized that he had been cut by McManomy during the struggle to place him under arrest.
The Posey County Prosecutor’s Office charged McManomy with Count-1: Attempted Murder, a Class A Felony; Count 2: Aggravated Battery, a Class B Felony; Count 3: Battery Resulting in Serious Bodily Injury, a Class C Felony; and Count 4: Resisting Law Enforcement, a Class D Felony. McManomy was ﬁrst taken to the State of Kentucky after he was released from the hospital and didn’t appear in Posey County Superior Court to face his charges until April 25, 2012. McManomy requested a Jury Trial and his case was presented to a Posey County Jury on December 18 and 19, 2012. The Posey County Jury then returned verdicts of “Guilty” on all four felony charges.
McManomy was sentenced by Judge S. Brent Almon, Posey County Superior Court Judge, on January 11, 2012, for the Jury verdicts on Count 1: Attempted Murder, a Class A Felony; and Count 4: Resisting Law Enforcement, a Class D Felony (the Battery verdicts were merged into the Attempted Murder charge). Judge Almon sentenced McManomy to a total sentence of thirty-eight (38) years in prison at the Indiana Department of Corrections and ordered that his sentence would be served consecutively to any sentence he was serving in the State of Kentucky.
On Appeal, McManomy argued that there was insufficient evidence to prove that he had intended to kill Montgomery. He also argued that Judge Almon had erroneously limited the testimony of his defense expert witness during the trial. In upholding the conviction, the Indiana Court of Appeals held that “McManomy cut through three layers of Deputy Montgomery’s clothing and slashed his face twice, resulting in injuries requiring 32 stitches. Montgomery testiﬁed that McManomy started swinging at him with a knife and continued to do so as McManomy pinned him to a chair. The Deputy was able to block some of McManomy’s blows, but McManomy continued to swing the knife. There was ample evidence McManomy directed his knife toward Montgomery in such a manner that the jury could infer McManomy intended to kill Montgomery.”
The Indiana Court of Appeals also held that “Intent to kill can be inferred from the use of a deadly weapon in a manner likely to cause death or great bodily injury.”
The Indiana Court of Appeals also addressed whether it was proper for the Trial Court to limit the testimony of McManomy’s expert witness. The Indiana Court of Appeals held that the expert’s “proﬂered testimony addressed whether someone experiencing blood loss and use of a Taser could form criminal intent. The trial court did not err in limiting her expert testimony McMannomy attempted to introduce evidence that ‘after being Tasered and losing [sic] so much blood from the neck injury, it would be difﬁcult to determine any intent by the defendant to knowingly attempt to assault the officer’
This was impermissible testimony as to McManomy’s intent, and the trial court did not err in excluding it”.
The Indiana Court of Appeals Opinion was written by Judge Melissa May. Chief Judge Nancy Vaidik and Judge Patricia Riley each concurred in the Opinion as well.
“This was an important case for local law enforcement. Deputy Montgomery and Trooper Compton were simply doing their job when they went to place McManomy under arrest for the warrant that had been issued out of Calloway County, Kentucky,” said Posey County Prosecutor Travis Clowers. “McManomy was given every opportunity to submit to the authority of the police and yet, he chose to arm himself and to strike out at Deputy Montgomery. A Posey County Jury heard the evidence and found that he was guilty of Attempted Murder and Resisting Law Enforcement. Judge Almon considered the serious nature of the offenses and McManomy’s extensive prior criminal history when sentencing him to serve 38 years in an Indiana prison. According to the Kentucky Offender website, McManomy is currently serving a10-year sentence at the Kentucky State Reformatory. McManomy’s parole eligibility date in Kentucky is listed as January 1, 2019, and his minimum expiration of sentence date is listed as April 1, 2024. McManomy must serve out his Kentucky prison sentence before being returned to the State of Indiana to begin sewing his lengthy sentence from Posey County. We are very pleased that the Indiana Court of Appeals has upheld the Jury’s verdict and Judge Almon’s handling of this particular trial.”