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Case Results

Not Guilty Verdict in Indiana Battery Trial Involving Drive-Thru Video

The Situation

Our client was charged with battery after an incident at a restaurant drive-thru. The State alleged that the client threw a Big Buford sandwich through the drive-thru window, entered through the window, and battered the manager. The incident was captured on video, making the recording a central part of the prosecution's case.

The Legal Challenge and Strategy

Video evidence can appear powerful, but it still must prove every element of the charged offense beyond a reasonable doubt. Attorney Mark Nicholson prepared the case for a jury trial and challenged whether the evidence established criminal battery as charged.

The Result

The jury returned a verdict of not guilty. The client avoided a battery conviction and the criminal penalties and collateral consequences that could have followed.

Why It Matters

This result shows why video evidence must be examined in context rather than treated as automatically conclusive. Requiring the State to prove its case at trial resulted in a complete acquittal for the client.

Practice area(s): Criminal Defense

Court: Marion 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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