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The man convicted of aggravated battery and other charges in connection with the 2019 shooting of two Indiana judges will see two of his aggravated battery convictions overturned for a double jeopardy violation, although his other convictions were upheld by the Court of Appeals of Indiana.
A unanimous COA panel issued the ruling Thursday in a memorandum decision in Brandon Kaiser v. State of Indiana, 22A-CR-2705.
Brandon Kaiser was convicted in September 2022 of aggravated battery, multiple battery-related charges and carrying a handgun without a license in connection with the shooting that occurred in the early-morning hours of May 1, 2019. The incident involved four southern Indiana judges, two of whom — Clark Circuit Judge Bradley Jacobs and former Clark Circuit Judge Andrew Adams — were critically wounded and hospitalized.
The two other judges present during the shooting were Clark Circuit Magistrate Judge William Dawkins and former Crawford Circuit Judge Sabrina Bell.
All four judges took the stand during Kaiser’s trial in Marion Superior Court, although some of their memories were limited given the amount of alcohol they had been drinking.
Kaiser was subsequently sentenced to eight years executed.
He appealed, arguing the trial court committed fundamental error in admitting evidence of a police standoff after the shooting.
But according to the COA, “We need not determine the admissibility of the standoff evidence because even if we assumed error, it was harmless and not fundamental.”
“The jury had before it clear video evidence of the entire confrontation at the White Castle parking lot,” Judge Leanna Weissmann wrote, referencing the downtown Indianapolis location of the shooting. “The video showed Kaiser voluntarily entered the fracas and that he shot Jacobs at close range and kicked him in the head after incapacitating both Jacobs and Adams through earlier shots.
“Under these circumstances,” Weissmann wrote, “… the probable effect of the standoff evidence on the jury was minimal and did not prejudice Kaiser’s substantial rights, including his right to a fair trial.”
Kaiser also argued on appeal that there was insufficient evidence to rebut his claim of self-defense, but the COA likewise rejected that argument.
“Even after both Adams and Jacobs were seriously wounded and unable to defend themselves, Kaiser continued the confrontation by shooting Jacobs and kicking him in the head as Jacobs lay writhing in pain on the ground from his first gunshot wound,” Weissmann wrote. “And Kaiser’s own comments — ‘I told you not to mess with me’ or something equivalent — showed Kaiser acted vindictively and not in self-defense.
“… The evidence also would have justified the jury’s rejection of Kaiser’s self-defense claim based on his use of excessive force,” Weissmann continued, noting, “Both Adams and Jacobs were incapacitated on the ground when Kaiser stood over Jacobs, shot him at close range in the abdomen, and then kicked him in the head.”
But the COA did order the trial court to vacate two of Kaiser’s aggravated battery convictions, finding the lower court erred in merging, but not vacating, counts II and IV.
“After Kaiser’s trial, the trial court entered judgment of conviction on both those counts. But at sentencing, the court determined those convictions violated the prohibition against double jeopardy because they were based on the same conduct as other counts of aggravated battery for which Kaiser also was convicted,” according to Weissmann.
“Merging the convictions alone did not remedy the double jeopardy violation,” she concluded. “… We affirm the trial court’s judgment and remand with instructions to vacate Kaiser’s convictions for counts II and IV, aggravated battery.”
Judges Patricia Riley and Cale Bradford concurred.
The other person involved in the altercation — Alfredo Vazquez, Kaiser’s nephew — pleaded guilty in November 2019 to misdemeanor battery and was sentenced to probation.
Adams also pleaded guilty to misdemeanor battery and received a suspended sentence with no probation.
Additionally, Adams received a 60-day suspension of his law license without pay, while Jacobs and Bell were each suspended for 30 days without pay. All three were automatically reinstated.
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