Gabriel v. State

GRIFFIS, P.J., FOR THE COURT:

¶ 1. Thomas Earl Gabriel appeals his conviction of child molestation and argues that the trial court erroneously admitted into evidence his statement to the police. Because we find the statement was neither relevant, nor probative, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

¶ 2. In 2015, Gabriel lived with his wife Ann, Ann's daughter Ashley, and Ashley's three young children. On March 5, 2015, Ashley was changing her son's diaper when her four-year-old daughter Amber1 indicated that Gabriel had touched her inappropriately. Specifically, Ashley stated she…