Joshua Lee McCarty v. State of Indiana

── Joshua Lee McCarty v. State of Indiana ── Case No.: 22A-CR-02904 Court: Indiana Court of Appeals Date: May 17, 2023 Author: Judge Melissa May County of Origin: Marshall Category: Criminal Decision: Affirmed Judge Mathias and Judge Bradford concur On November 10, 2021, Pastor Matthew Elliott (“Pastor Elliott”) was driving home when he saw a man, later identified as McCarty, laying on the side of the road next to a bicycle. Concerned that McCarty had been hit by a car, Pastor Elliott stopped his vehicle and yelled out of his window to McCarty. Pastor Elliott determined McCarty was unresponsive and called 911. The 911 dispatcher instructed Pastor Elliott to exit his vehicle and attempt to “get a response.” (Tr. Vol.