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1360 E. Gray Street Martinsville, IN 46151

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This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

Sabrina Reynolds met Darius Birk through mutual friends and the two became friends then started dating.  On March 13, 2021, the two of them got into an argument about money.  The argument escalated and Birk shot Reynolds in the face.  Johnson county’s 911 dispatch system received multiple calls reporting the same shooting incident involving Birk and Reynolds.  Greenwood Police officers responded to the 911 calls and arrested Birk.  The State charged Birk with: Count 1 aggravated battery causing serious permanent disfigurement, as a Level 3 felony; Count 2 pointing a firearm at another, as a Level 6 felony; Count 3 carrying a handgun without a license, as a Class A misdemeanor; and Count 4 attempted murder, as a Level 1 felony. The jury returned guilty verdicts on all counts and Birk was sentenced to an aggregate term of 35 years of imprisonment. Birk claims the court violated his 6th Amendment right to confrontation and cross-examination and his right to present a defense by limiting testimony regarding certain witnesses’ racial attitudes. Birk also claims that the court’s jury instruction regarding “intent” was misleading, prejudicial, and impermissibly relieved the State from its burden of proof. 

The scheduled panelists are Judge Bailey, Judge May, and Judge Foley.

Event Details