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Case Results

Not Guilty of Dealing Drugs Resulting in Death After Hamilton County-to-Kokomo Delivery

The Situation

A Hamilton County client sold drugs to the eventual decedent's girlfriend. She later traveled to Kokomo, delivered drugs to her boyfriend, and he died after receiving them.

The Legal Challenge and Strategy

The defense focused on the break in the chain between the client's sale and the death. Attorney Nicholson argued that the State could not exclude contamination, alteration, or another intervening act while the drugs were in the girlfriend's possession.

The Result

The jury found the client not guilty of dealing in a controlled substance resulting in death.

Why It Matters

A tragic death does not eliminate the State's obligation to prove causation beyond a reasonable doubt. Highlighting the uncontrolled transfer and intervening possession created reasonable doubt.

Practice area(s): Criminal Defense

Court: Howard County

Mark Nicholson

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video.  The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

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