MEMORANDUM DECISION Mar 20 2015, 7:29 am
Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be regarded as
precedent or cited before any court except for the
purpose of establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Philip R. Skodinski Gregory F. Zoeller
South Bend, Indiana Attorney General of Indiana
Karl M. Scharnberg
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Anthony Jefferson, March 20, 2015
Appellant-Defendant, Court of Appeals Case No.
71A05-1405-CR-249
v. Appeal from the St. Joseph Superior
Court; The Honorable John
Marnocha, Judge;
State of Indiana, 71D02-1310-MR-10
Appellee-Plaintiff.
May, Judge.
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[1] Anthony Jefferson appeals his conviction of Class C felony criminal
recklessness.1 Jefferson argues the evidence was insufficient to convict him.
[2] We affirm.
Facts and Procedural History
[3] On September 30, 2013, Jefferson purchased heroin and cocaine from Tyreece
Walker and Jason Reid at a home in South Bend. Jefferson went to the
basement of that home to use the drugs he had purchased. A few hours later,
Jefferson heard three loud noises that he believed were gunshots. Jefferson
used his cell phone to call a phone upstairs. Someone answered the phone but
did not respond when Jefferson asked what was happening.
[4] Jefferson then gathered his belongings into a bundle and fashioned a makeshift
knife from a reciprocating saw blade and a towel. As Jefferson left the
basement, he encountered Walker at the top of the stairs. Walker pointed a gun
at Jefferson. In response, Jefferson threw his bundle of belongings at Walker
and struck the gun, knocking it out of Walker’s hand. The men wrestled as
they each attempted to recover the gun; at some point in the struggle, Walker
lost his pants.
[5] Eventually, Jefferson seized the gun and began firing it wildly at Walker who
was lying on the ground in his boxer shorts. After firing five shots at Walker,
1
Ind. Code § 35-42-2-2 (2013).
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Jefferson grabbed the house key from the pocket of Walker’s discarded pants,
and unlocked the door so he could leave the house. Police found Walker
bleeding from a gunshot wound and Reid dead on the living room floor from a
gunshot wound.
[6] The State charged Jefferson with murder for the death of Reid and attempted
murder for the shooting of Walker. At trial, the State theorized Jefferson
confronted Walker with a gun, then killed Reid. Jefferson claimed he was not
involved in Reid’s murder and he shot Walker in self-defense. The jury
acquitted Jefferson of murder and attempted murder, but it found Jefferson
committed criminal recklessness by shooting Walker.
Discussion and Decision
[7] When challenging the sufficiency of the evidence supporting a conviction we do
not reweigh evidence or judge credibility of witnesses. Hobson v. State, 957
N.E.2d 1031, 1032 (Ind. Ct. App. 2011). We consider only the probative
evidence and reasonable inferences from the evidence that support the verdict.
Id. We will affirm if a reasonable trier of fact could have found the defendant
guilty beyond a reasonable doubt. Id. It is not necessary that the evidence
overcome every reasonable hypothesis of innocence; rather, the evidence is
sufficient if an inference reasonably may be drawn from it to support the
verdict. Drane v. State, 867 N.E.2d 144, 147 (Ind. 2007).
[8] A person commits criminal recklessness when he “recklessly, knowingly, or
intentionally inflicts serious bodily harm or injury on another person.” Ind.
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Code § 35-42-2-2(d)(1) (2006). Jefferson argues that, while there is no dispute
that he shot Walker, “all the evidence and inferences lead to the conclusion that
Jefferson acted in self-defense.” (Br. of Appellant at 7.) When a defendant
claims self-defense, the State may carry its burden either by affirmatively
showing the defendant did not act in self-defense or by relying on the
sufficiency of its evidence in chief. Lilly v. State, 506 N.E.2d 23, 24 (Ind. 1987).
[9] Jefferson emphasizes he was found not guilty of Reid’s murder and the
attempted murder of Walker. Jefferson asserts the jury “knew that Reid and
Walker often carried guns in the house” and the jury “clearly” believed Walker
had a gun and Jefferson a makeshift knife. (Br. of Appellant at 7.) According
to Jefferson, the jury’s decision not to return guilty verdicts for murder and
attempted murder establishes self-defense as the only option for criminal
recklessness as well. Jefferson’s argument mischaracterizes the evidence and
reasonable inferences supporting his conviction of criminal recklessness.
[10] The evidence favorable to the verdict indicates Jefferson disarmed Walker. The
two men wrestled as each tried to retrieve the gun. As they wrestled, Walker’s
pants were removed, such that he was wearing only boxer shorts. It could
therefore be reasonably inferred he was not concealing another weapon. Then,
as Walker lay unarmed on the ground, Jefferson fired five shots at Walker.
This evidence precludes a claim of self-defense. See, e.g., Mayes v. State, 744
N.E.2d 390, 395 n.2 (Ind. 2001) (firing of five shots while the victim was on the
ground refuted self-defense claim).
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[11] Indeed, the jury considered Jefferson’s claim of self-defense and rejected it to
find Jefferson committed criminal recklessness. We decline Jefferson’s
invitation to reweigh the evidence, as it is the jury’s role to weigh conflicting
evidence. See McHenry v. State, 820 N.E.2d 124, 126 (Ind. 2005) (“We have
often emphasized that appellate courts must consider only the probative
evidence and reasonable inferences supporting the verdict.”).
Conclusion
[12] The State presented sufficient evidence that Jefferson committed criminal
recklessness when he shot at Walker multiple times as Walker lay unarmed on
the floor. Accordingly, we affirm.
[13] Affirmed.
Barnes, J., and Pyle, J., concur.
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