IN THE HAMILTON CIRCUIT/SUPERIOR COURTSTATE OF INDIANA

STATE OF INDIANA

V. CAUSE NO. --------------------Randy Lee Ball

AFFIDAVIT FOR PROBABLE CAUSE

Comes now Amy Stein, who hereby swears upon oath, deposes and says:

1. I am a Law Enforcement Officer with the Carmel Police Department.

2. I am filing this affidavit for probable cause in support of the charges of Battery, against

Randy Lee Ball, a white male, DOB: 02119/1960, ID/OLN: 2270-30-4428-State: IN, height

5'10", weight 2001bs, with Brown hair and Brown eyes.

3. On the 18th day of June, 2009, at approximately 00:47, I was told by Loretta Ann Smith, the

victim of this offense, that the accused had touched her in the following manner: On

Thursday June 18, 2009 I was dispatched to 1046 Mohawk Hills Drive Apartment C in

reference to a 911 call where a woman was asking for help. Officer Matthews arrived

immediately after me and we approached the apartment. The door was answered by a white

male later identified as Randy Lee Ball, 2-19-1960. I asked him to wait outside with Officer

Matthews while I entered the apartment. I found a white female, Loretta A. Smith (9-22-

1964) in the kitchen. She was wearing a tan shirt and skirt. She had blood running down her

forehead from an approximate two inch gash just below her hairline. I had her sit on the

kitchen chair and hold a paper towel to her head. I asked dispatch for the medics.

4. While we waited, I asked her what had happened. She said they had been drinking in a bar

earlier and had been home for about 20 minutes. She said she had three mixed drinks. From

her appearance she was very intoxicated.

5. There were signs of an altercation in the apartment. In the kitchen there was blood on the

counter, stove, and floor. There was an open pill bottle with the contents spilled all over the

floor. A bottle of Vodka had spilled on the counter. A TV remote was broken in the adjacent

room. Mr. Ball's glasses were on the floor in that room as well. In addition, there was a

small amount of blood in the bathroom.

6. I asked Ms. Smith what the argument was about. She said Mr. Ball is very jealous and they

were fighting over an ex-boyfriend of hers. He got angry when they got back to his

apartment and he slammed her head into the counter.

7. Mr. Ball advised they fight all the time. He said he was struck repeatedly by Ms. Smith on

the prior Sunday. I asked him what happened this evening. He said they, along with his sister

and her boyfriend went to Old Town Tavern and had a few drinks. When they got back to the

apartment, she got angry for no reason. I told him that did not make sense. He said Ms.

Smith is jealous of the time he spends with his sister. I asked Mr. Ball for his sisters phone

number. Her name is Laura Covington 317-847 -7747. I called Ms. Covington. She said

they were all out that night and that Mr. Ball and Ms. Smith began to fight. She said they

argue a lot, but he has never hit her. She felt Ms. Smith was a drama queen and was

purposefully making Mr. Ball jealous by discussing her ex-boyfriend. Ms. Covington was

adamant that her brother would never hurt Ms. Smith.

8. I then returned to Mr.&for additional questions about how the apartment got in such

disarray. He stated that Ms. Smith had pushed him, knocking the glasses off his face. When

she pushed him again she fell. He said she was so drunk that she lost her balance, spun

around and hit the counter with her head. I asked him who called 911. He said she did after

he told her she need to have the gash on her forehead looked at. I asked him why the phone

was hung-up while on line with 911. He said she hung up. He said he took the phone from

her so he could get her help because she needed an ambulance.

9. After hearing his version of events I called our dispatch center. The 911 call was played for

me over the phone. Mr. Ball was asked by the dispatcher if they needed an ambulance, Mr.

Ball responded "no".

10. I told Mr. Ball I did not believe his version of events and that he was under arrest for

domestic battery. He was transported to the jail by Officer Matthews. The photographs were

placed into evidence by Officer Hood. (Officer Hood also followed the ambulance to Carmel

St. Vincent's where Ms. Smith was getting stitches to her forehead.)

11. A copy of the 911 call has been requested for evidence. This incident took place at 1046

Mohawk Hills Drive apt C, which is located in Hamilton County.

12. I observed following signs of bodily injury to the victim: Ms. Loretta Smith had a two inch

gash on her forehead and blood streaming down her face

13. This case relates to an act of domestic or family violence for the reason that they are

boyfriend! girlfiend,.

14. I hereby swear that the foregoing representations are true to the best of my knowledge

Dated this 18 day ofJune, 2009.

1 IUUMt:~ IIG V'rtlENCE RISK ASSESSMENT Case #. 200'>- Z;71 <.., I· Cause #: ~. 'Offender Name:

RISK FACTORS

In the course o·fthe investigation, attempt to identify any of the following risk factors. Check the corresponding' boxtes), andgive a detailed explanation in the narrative.

D 1. Gun present in the home or accessible to suspect: 0 11. Suspect has said, "If I can't have you, no one can."D 2. Suspect has used or threatened to use weapon. 0 12. Suspect threatens to kill.D 3. Parties had a recent separation or threatened separation. 0 13. Suspect contemplated, threatened, or attempted suicide.D 4. Suspect abuses alcohol. o 14. Suspect violent toward children.D 5. Suspect uses illegal drugs or abuses legal drugs. D 15. Suspect has injured or killed pets.D 6. Increase in frequency or severity of violence. D 16. Suspect has forced victim to have sex when victimD 7. Suspect is violent outside the relationship. did not agree.D 8. Suspect has destroyed cherished personal items. 0 17. Suspect has directed violence toward pregnant partner.

')C9. Suspect is jealous or attempts to control partner's 0 18. Victim is currently pregnant.daily activities. o 19. Victim contemplated, threatened, or attempted suicide.

')('10. Suspect has accused the victim of cheating.

ADDITIONAL COMMENTSJ-k ~~ \;~~ '\ e.J~\.

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hereby swear thatZ representations are true to ihe best of my knowledge and belief. _ '

fficar Signature: __ ~ . ') Date: t Id-o)./ - (

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STATE OF INDIANA )" nC. JU~\ S M'\ \\~ 4~ THE HAMILTON CIRCUIT/SUPERIOR COURT)S~~\l' r.i' ;:..\{ ~j'( ~3i (\ vV', C\ J rv ()

COUNTY OF HAMILTON) PSC,G.2~3f~1'{CO\'\'CA.ySENO. 29-9 D03- Q 9 06 '-.A I IO{UL 1"~t\\"'10Nv

STATE OF INDIANA INFORMATION FOR:

VS Battery Resulting in Bodily InjuryI.C.3S-42-2-1(a)(I)(A)a Class A MisdemeanorRANDY LEE BALL

1046 Mohawk HillsApartment CCarmel, Indiana 46032

OLN: 2270-30-4428 Indiana DOB: 0211911960

PHYSICAL DESCRIPTIONRace: White Sex: M Height: 5'10"Weight: 200 Eyes: Brown Hair: Brown

BE IT REMEMBERED,

That on this day, before me, Jo A. Crume a Notary Public, comes Roger W. Kuba, who beingduly sworn upon his oath, says that in the County of Hamilton, State of Indiana,

on or about June 18,2009 Randy Lee Ball did knowingly touch Loretta A. Smith in a rude, insolent, orangry manner, to wit: pushed her head into a counter; resulting in bodily injury, to wit: bleeding or alaceration or pain;

all of which is contrary to the form of the statute of such casepeace and dignity of the State of Indiana.

Jo .

I affirm, under penalty of perjury, that the forgoing repre~rf%tc

Roger

Subscribed and sworn to before me, this JLtfJay of JMy commission expires March 19,2016. I am a Tipton 0

Approved by me this --'-----__

10/14/2009 10: 08 FAX:n i 5i8 4.:JiO HA~SEl'i LAW FIRM [4i 002

il

STATE OF INDIANA

OCT 3 0 2009

~.~~"CLERK or THE

HAMILTON SUPERIOR COURT

IN THE HAMILTON SUPERIOR COURT 3

STATE OF INDIANA

vs CAUSE NO. 29D03-0906~CM-269

RANDY LEE BALLPLEA AGREEMENT

Comes now the State ofIndiana by Jamie T. Campbell, Prosecuting Attorney and the

defendant, Randy Lee Ball, in person and by counsel, Lawrence Hansen, and hereby enter into

this plea agreement made pursuant to negotiations. The parties agree as follows:

1. This agreement, having been signed by all parties, shall be introduced into evidence

2. That should the defendant enter a plea of guilty to the charge(s) of:

by stipulation at the time ofthe defendant's guilty plea.

Count 1: Battery Resulting in Bodily Injury, a Class A Misdemeanor

and if the Court accepts this plea agreement, then the Court shall sentence the defendant as

follows:

365 days in the Hamilton County Jail, 2 days executed; remainder suspended to probation. Thedefendant has credit for 2tt;f (1 actual) fro.m June 18, 2009 to June 18, 2009. Defendant placed onprobation for a period of days with the standard terms and conditions, but to include the followingspecial conditions: 1) successfully complete domestic violence and CARE (or equivalent) assessment andrequired counseling, 2) Ten (10) hours community service; $164.00 Court Costs.

3. The State agrees to dismiss:

N/A

4. The defendant acknowledges that he/she has received a copy of the information, has

read and discussed it with his/her attorney and understands all allegations made against him/her (o

) and the nature of the chargers) against him/her (\79'

10/14/200~) 10: 08 FAX 317 578 4470 HANSEl" LAIr FIRM

5. The defendant acknowledges that helshe has given his/her attorney all ofthe facts

known to him/her concerning the matter mentioned in the information including all witnesses in

his/her behalf, and believes that his/her attorney is fully informed as to all such matters;

Further, that his/her attorney has since advised him/her as to any possible defenses he/she

might have in this case fl~

6. The defendant acknowledges that his/her attorney has advised him/her that the

maximum and minimum penalties that the law provides for the charge to which he/she is

pleading guilty is:

Class A Misdemeanor: a fixed term of imprisonment of one (1) year, a fine of not more thanfive thousand dollars ($5,000.00).

Further, the defendant acknowledges that his/her attorney has advised him/her that

pursuant to statute, the Court in certain instances may only be able to suspend that part of a

sentence in excess of the minimum if the defendant has a prior unrelated felony conviction and

that such prior conviction(s) may possibly be used by the Court to increase the possible sentence

and/or the possibility of the imposition of consecutive sentences.

Further, the defendant acknowledges that his/her attorney has advised him/her that the

Court, pursuant to statute, can impose consecutive and/or concurrent sentences pursuant to

9~statute~f

7, The defendant understands that the State and Federal Constitutions guarantee him/her

certain rights, among them being the rights to public trial by jury~~-::?o a speedy tria] ( ), to be

free f ~& fr d . he wi . . hi . rt, O~CO. ce rrom self-incrimination IK'h to con ant an cross-examine t e Witnesses against im. Her ~'t),

,Z'7to have compulsory process for obtaining witnesses in his/her behal~Y to require the State to

prove his/her guilt beyond a reasonable doubt ~and if convicted, to take an appeal to the Court

10/14/2009 1 (J : 08 FAX:n 7 s 7 8 44 70 RAN SEl\ LA F FI RM l4j 004

0Dof Appeals or Supreme Court of Indiana f~,to have appointed counsel for conducting the trial of

this case ~ and to have appointed counsel for purposes of said appeal if indigent

( ). He/she further understands that the entry of his/her guilty plea pursuant to this agreement

constitutes a waiver of those rights~ He/she further admits the truth of the facts alleged in the,-Qj

information to which he/she pleads gui1ty~nd understands that the guilty plea amounts to a

conviction rf}.78. The defendant acknowledges that the defendant may have a right, pursuant to the

Sixth Amendment of the United States Constitution and Article I, Section 13 ofthe Indiana

Constitution, to have a jury determine, by proof beyond a reasonable doubt, the existence of any

fact or aggravating circumstance that would allow the Court to impose a sentence in excess of

the statutory presumptive sentence and to have the State of Indiana provide written notification

to the defendant of any such fact or aggravating circumstance. The defendant hereby WAIVES

such rights and requests that the Judge of this Court make the determination of the existence of

any aggravating and/or mitigating circumstances and impose sentence, after considering the

presentence investigation report and any appropriate evidence and argument presented at the

sentencing hearinga:i37

9. The defendant knows the Court will not accept a plea of guilty from anyone who

claims to be innocent, and he/she makes no claim of innocence. He now states that he/she did

commit the crime to which he/she is pleading guilt§~./rhe defendant further acknowledges

that his/her attorney has advised himlher that by hislher plea of guilty, he/she is admitting the

truth of all facts al1eged in the indictment and/or information or to an offense included

thereunder and that upon entering of such plea the Court shall proceed with judgment and

sentenc~~

1D!14!2009 10;09 FAX 317 578 4470 HAi'iSE!'" LAW FIRM

/--------------( 1\

\ L-<\,.- r=r-s

\

The Court having personally addressed the defendant and having advised him of hisrights and having determined that he understands the same and has entered his plea voluntarilyand not by reason of any promises, force or threats having been made to him, now acceptsdefendant's plea of guilty and order this Plea Agreement, Certificate of Counsel and/orCertificate of Victim and/or Certificate of Police Officer, to be made a part of the transcript ofthe entire proceedings of the guilty plea hearing and sentence herein.

ENTERED: /0 - J-...l - (}'j