INDIANAPOLIS – A court has reversed the conviction of an Indianapolis man who asked police to take him jail so he could avoid a fight with his niece’s boyfriend.
The Indiana Court of Appeals ruled Thursday that evidence didn’t support the misdemeanor charge of public intoxication against Danny Stephens, who phoned police and told them he wished to go to jail because his niece’s boyfriend had body-slammed him and police hadn’t arrested the man.
Court documents say Stephens told an officer that he had been drinking and was arrested and taken to jail.
The appellate court reversed Stephens’ conviction, saying he had been asking police for help and hadn’t endangered anyone.
The three-judge panel said there was more danger that Stephens would be injured than that Stephens would injure anyone else.