Mykal James Alan Gerou v. State of Indiana

── Mykal James Alan Gerou v. State of Indiana ── Court: Indiana Court of Appeals Date: June 05, 2026 Author: Paul Mathias Category: General IN THE Court of Appeals of Indiana FILED Mykal J. A. Gerou, Jun 05 2026, 9:54 am Appellant-Defendant CLERK Indiana Supreme Court Court of Appeals and Tax Court v. State of Indiana, Appellee-Plaintiff June 5, 2026 Court of Appeals Case No. 25A-CR-2601 Appeal from the Jefferson Superior Court The Honorable Blaine S. Goode, Judge Trial Court Cause No. 39D01-2406-F5-000873 Opinion by Judge Felix Judges May and Mathias concur. Court of Appeals of Indiana | Opinion 25A-CR-2601 | June 5, 2026 Page 1 of 22  Felix, Judge. Statement of the Case [1] Mykal Gerou was convicted of five counts of intimidation for threats he made to multiple people. The trial court sentenced him to 12 years of incarceration with one year suspended to probation. Gerou now appeals and presents three issues for our review: 1. Whether the State presented sufficient evidence at trial to support four of his convictions; 2. Whether the trial court erred by determining part of Gerou’s sentence is not subject to Indiana Code section 35-50-1-2(d); and 3. Whether Gerou’s sentence is inappropriate under Indiana Appellate Rule 7(B). [2] We affirm in part, reverse in part, and remand with instructions. Facts and Procedural History [3] This case begins not with the criminal conduct for which Gerou was charged and convicted, but with his family’s involvement with the Indiana Department of Child Services (“DCS”). On April 27, 2024, DCS received a report of child neglect concerning Gerou and Constance Mueller’s newborn child. The next day, DCS Family Case Manager Mary Buxton met with Gerou and Mueller at the hospital. On April 29, DCS removed Gerou and Mueller’s child from their care. Buxton informed Gerou of this “in the presence of security,” and Gerou stated to security “that it wasn’t fair the security officer could carry his gun into the hospital, but that [Gerou] could not.” Tr. Vol. II at 108. Court of Appeals of Indiana | Opinion 25A-CR-2601 | June 5, 2026 Page 2 of 22 [4] DCS filed a petition alleging Gerou and Mueller’s child was a child in need of services (“CHINS”). Thereafter, Buxton “had a lot of phone[] calls with” Gerou; during these calls, he “would seem to fly off in a rage in the middle of a conversation,” and it was “impossible at times” to “reengage him and bring him back to the topic” Buxton was trying to discuss with him. Tr. Vol. II at 114. [5] Through the CHINS case, Gerou became a client of Stacey Cornett, a psychotherapist and “service provider for DCS” who conducted “specialty assessments to help parents.” Tr. Vol. II at 89–90. Cornett had several phone calls with Gerou before meeting him in person, and Gerou “was very agitated and argumentative” during those calls. Id. at 91. Gerou was angry that he had to participate in an assessment and repeatedl