MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
FILED
this Memorandum Decision shall not be
regarded as precedent or cited before any Jun 10 2019, 8:50 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
R. Brian Woodward Curtis T. Hill, Jr.
Public Defender’s Office Attorney General of Indiana
Crown Point, Indiana
Laura R. Anderson
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Rolando Manuel Leal, Jr., June 10, 2019
Appellant-Defendant, Court of Appeals Case No.
18A-CR-2161
v. Appeal from the Lake Superior
Court
State of Indiana, The Honorable Samuel L. Cappas,
Appellee-Plaintiff. Judge
Trial Court Cause No.
45G04-1703-MR-3
Najam, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2161 | June 10, 2019 Page 1 of 11
Statement of the Case
[1] Rolando Manuel Leal, Jr. appeals his adjudication under Indiana’s criminal
organization enhancement statute, Indiana Code Section 35-50-2-15 (2018),
which required the State to prove that he had committed a felony offense while
he was knowingly or intentionally a member of a criminal organization and
that he had committed the offense at the direction of or in affiliation with a
criminal organization. Leal presents one issue for our review, namely, whether
the State presented sufficient evidence to support his adjudication under that
statute.
[2] We affirm.
Facts and Procedural History
[3] Leal is a member of the Imperial Gangster Renegades (“IG Renegades”), a
gang based in northwest Indiana. Rito Maciel, Jr. and Angel Garcia-Berrios
are members of the Two Six Renegades gang, which is also based in northwest
Indiana. On January 24, 2016, Leal and Maciel met up with Garcia-Berrios
and went to a bar in East Chicago. While they were at the bar, Maciel received
text and Facebook messages from Thaddeus Rodriguez, Jr., who was a member
of the Two Six gang, a Chicago-based gang from which the Two Six Renegades
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2161 | June 10, 2019 Page 2 of 11
had broken away. 1 Maciel did not inform Leal and Garcia-Berrios that
Rodriguez had contacted him.
[4] Leal, Garcia-Berrios, and Maciel left the bar at approximately 3:00 a.m. on
January 25, and the three men drove around town in Leal’s car. While in the
car, Maciel continued to receive messages from Rodriguez. Leal and Garcia-
Berrios discovered that Maciel was communicating with Rodriguez. The
“energy” in the car became a “really, really bad energy,” and Leal and Garcia-
Berrios wanted to know where Rodriguez was. Tr. Vol. IV at 105. Rodriguez’s
name “kept getting more brought up,” so Leal pulled his car over and took two
guns out of the door panels. Id. Leal handed one of the guns, a Smith and
Wesson, to Garcia-Berrios. Leal kept a 9-millimeter Glock for himself, which
had “a laser pointer on it.” Id. at 106.
[5] Maciel knew that there was a problem between Garcia-Berrios and Rodriguez
because Rodriguez had stolen a necklace from Garcia-Berrios’ sister.
Accordingly, Maciel was trying to think of reasons to not meet up with
Rodriguez. However, Leal and Garcia-Berrios “demand[ed]” that Maciel call
Rodriguez and put him on speaker phone. Id. at 107. While on the phone,
Rodriguez told Maciel that he was on Olcott Avenue. At that point, Leal told
Maciel and Garcia-Berrios that he “knew a spot to go,” and he drove his car to
1
Similarly, the IG Renegades factioned off of a Chicago-based gang called the Imperial Gangsters.
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that location. Id. at 109. When they arrived, Leal and Garcia-Berrios got out
of the car and told Maciel to stay where he was.
[6] Meanwhile Rodriguez was at the home of his friend, Valare Roman, who lived
on Olcott Avenue. At around 5:00 a.m., Rodriguez exited Roman’s house. At
the same time, Jose Acosta was also standing outside of a nearby house.
Acosta was on the phone when he saw two men running in his direction.
Acosta noticed that both men had guns. He specifically noticed that one of the
guns had a red light on it. The man “who had [the gun] with the light” threw
Acosta on the ground, hit him, robbed him, and fired three shots at him. Tr.
Vol. II at 171. Two of the shots missed Acosta, but one hit Acosta in the leg.
The other man approached Rodriguez, beat him, and shot at him multiple
times. Rodriguez suffered eight bullet wounds, five of which were fatal.
Rodriguez died at the scene, and Acosta was taken to the hospital for treatment.
[7] Roman and other neighbors who had heard the gunshots called 9-1-1. In
addition, ShotSpotter Alert 2 informed officers that multiple gunshots had been
fired on Olcott Avenue. Officer John Baran with the East Chicago Police
Department (“ECPD”) responded to the scene. Officer Baran saw Rodriguez
on the ground with “a large amount of blood” coming from Rodriguez’s head.
2
ShotSpotter Alert is a system that “detects shots that are fired within the city limits,” and it “lets [officers]
know the location where the shots were fired.” Tr. Vol. II at 114.
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Id. at 115. He also observed multiple shell casings and fragments around the
scene. In total, officers recovered nine spent cartridge casings from the scene.
[8] A few weeks later, on February 12, ECPD Detective Francisco Aleman
conduced a traffic stop of Luis Perez-Correa. Officers discovered that Perez-
Correa was in possession of a 9-millimeter handgun without a license, so they
arrested him. A few hours after his arrest, Perez-Correa asked to speak with
ECPD Detective Justin Orange, who was the lead investigator of the Rodriguez
murder. Perez-Correa told Detective Orange that he had received the handgun
from Leal. Perez-Correa further informed Detective Orange that Leal had told
him that he needed to get rid of the gun “because it was the weapon that was
used on that Thaddeus thing.” Tr. Vol. III at 218. Officers with the Federal
Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) confirmed that
shell casings from the gun Perez-Correa had in his possession matched the shell
casings recovered from the scene where Rodriguez had been shot.
[9] In March, Maciel accidentally shot himself in the leg. That shooting drew the
attention of Detective Stuart Hinson, an ATF task force officer. Detective
Hinson conducted two interviews of Maciel. During the second interview,
Maciel told Detective Hinson about the events that had occurred on January
25. At some point later, Maciel met up with Leal at a restaurant. During their
meeting, Leal told Maciel that he thought he was “in the clear” of “having . . .
anything to do with [Rodriguez] getting killed[.]” Tr. Vol. IV at 127. Maciel
reported that conversation to Detective Hinson.
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[10] The State charged Leal with one count of murder, a felony (Count I); one count
of battery, as a Level 5 felony (Count II); and one count of criminal gang
activity, as a Level 6 felony (Count III). The State also alleged that, at the time
he had committed those offenses, Leal was knowingly or intentionally a
member of a criminal organization and that he had committed those felony
offenses at the direction of or in affiliation with a criminal organization.
[11] The trial court held a bifurcated jury trial from July 9 through July 12, 2018.
During the first phase of the trial, the State presented the testimony of Perez-
Correa, who testified that Rodriguez had been “greenlighted” by a gang, which
means that the gang had authorized someone to kill him. Tr. Vol. IV at 21.
Perez-Correa specifically testified that Rodriguez had been greenlighted because
“[s]omething went wrong on a lick that they were supposed to do[.]” 3 Id. at 22.
Perez-Correa further testified that Rodriguez was a problem for the Two Six
gang.
[12] The State also presented the testimony of Maciel. Maciel testified gangs often
form alliances, and that those alliances are fluid, with gang members being able
to “pick and choose who they want to get along with” in other gangs. Id. at 89.
Maciel also testified that, even though renegades of a gang may start their own
faction, “they were still part of the same gang.” Id. at 87.
3
A “lick” is “either a robbery or pulling a hit or something.” Id. at 36.
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[13] ATF Special Agent Jason Gore also testified at Leal’s trial. Special Agent Gore
testified that, while the Two Six and the original Imperial Gangsters (“IG”)
gang did not get along with each other, their respective renegade factions did.
He further testified that the Two Six Renegades would “cli[que] up with” the
IG Renegades. 4 Id. at 199. Special Agent Gore also testified that the
punishment for a “problem member” of a gang would range from a beating to
murder. Id. at 202. Detective Hinson similarly testified that problem members
are “dealt with” in a variety of ways, including murder. Tr. Vol. V at 21.
Additionally, Detective Hinson testified that the gang alliances in northwest
Indiana are “fluid” and that “[p]eople are shifting loyalties and alliances quite
often[.]” Id.
[14] At the conclusion of the first phase of the trial, the jury found Leal guilty of
Counts I, II, and III. The trial court entered judgment of conviction on Counts
I and II but did not enter a judgment on Count III. The trial court then moved
to the second phase of the trial. At the end of the second phase, the jury found
Leal guilty of the criminal gang enhancement. The trial court entered judgment
of conviction accordingly. The court sentenced Leal to fifty-five years for the
murder conviction, which the court enhanced by another fifty-five years based
on the criminal gang enhancement. The court also sentenced Leal to a
4
In various places, the transcript uses the spelling “clicked up.” However, that is a misspelling of the word
“cliqued up.” See Urban Dictionary, https://www.urbandictionary.com/define.php?term=clicked+up (last
visited May 31, 2019). And “cliqued up” means “[t]o join with another group or person; the act of being in a
group.” See Urban Dictionary, https://www.urbandictionary.com/define.php?term=cliqued%20up (last
visited May 31, 2019). Accordingly, we will use “clique up” and “cliqued up” throughout this opinion.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-2161 | June 10, 2019 Page 7 of 11
concurrent term of three years for the battery conviction, for an aggregate
sentence of one hundred and ten years. This appeal ensued.
Discussion and Decision
[15] Leal contends that the State failed to present sufficient evidence to support his
adjudication under Indiana’s criminal organization enhancement statute. 5 Our
standard of review on a claim of insufficient evidence is well settled:
For a sufficiency of the evidence claim, we look only at the
probative evidence and reasonable inferences supporting the
verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We do
not assess the credibility of witnesses or reweigh the evidence.
Id. We will affirm the conviction unless no reasonable fact-finder
could find the elements of the crime proven beyond a reasonable
doubt. Id.
Love v. State, 73 N.E.3d 693, 696 (Ind. 2017). We apply the same standard
when reviewing the sufficiency of the evidence for a sentencing enhancement.
See Woods v. State, 939 N.E.2d 676, 677 (Ind. Ct. App. 2010) (reviewing the
sufficiency of the evidence for a habitual offender determination).
[16] To adjudicate Leal under Indiana’s criminal organization enhancement statute,
the State was required to prove that Leal had committed the murder while he
was knowingly or intentionally a member of a criminal organization and that
he had committed the offense at the direction of or in affiliation with a criminal
5
Leal does not appeal his convictions for murder or battery.
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organization. Ind. Code § 35-50-2-15(b) (2018). On appeal, Leal asserts that
the State failed to present sufficient evidence that he had committed the murder
while he was a member of a criminal gang or that he had committed the murder
at the direction of or in affiliation with a criminal organization. We cannot
agree.
[17] Leal does not dispute that he committed the murder with Garcia-Berrios, who
is a Two Six Renegade. At trial, Detective Hinson and Maciel both testified
that alliances are “fluid” and that “[p]eople are shifting loyalties and alliances
quiet often[.]” Tr. Vol. V at 21. Further, Special Agent Gore testified that the
Two Six Renegades and the IG Renegades “clic[que] up” with each other. Tr.
Vol. IV at 197. And Maciel testified that renegade factions would “clique up”
to help each other take care of problems. Id. at 89. In other words, both
Special Agent Gore and Maciel testified that renegade factions would join
together and form alliances from time to time in order to help each other.
Based on that evidence, a reasonable jury could conclude that Leal, while an IG
Renegade, had “cliqued up” with Garcia-Berrios and the Two Six Renegades.
[18] Further, Maciel testified that, even if a person is part of the renegade faction,
that person is still part of the same gang. Because the State presented evidence
that Leal had “cliqued up” with the Two Six Renegades, the State also
presented evidence that Leal was affiliated with the Two Six gang. Similarly,
the State presented evidence that Garcia-Berrios, as a Two Six Renegade, was
also part of the Two Six gang.
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[19] At trial, Perez-Correa testified that Rodriguez was a “problem” for his gang, the
Two Six. Tr. Vol. IV at 36. He further testified that Rodriguez had been
“greenlighted,” which means that “anyone can kill you.” Id. at 21. In addition,
both Special Agent Gore and Detective Hinson testified that problem members
are “dealt with” in a variety of ways, including murder. Tr. Vol. V at 21.
Based on that evidence, a reasonable jury could conclude that Garcia-Berrios, a
member of the Two Six gang, and Leal, who had “cliqued up” with Garcia-
Berrios, had murdered Rodriguez at the direction of or in affiliation with the
Two Six gang in order to take care of a problem.
[20] Still, Leal asserts that the State failed to present sufficient evidence to
demonstrate that the criminal organization enhancement applies because there
is no evidence that the IG Renegades is a criminal organization. But whether
the IG Renegades is a criminal organization is irrelevant to the question on
appeal. As discussed above, Leal had “cliqued up” with the Two Six
Renegades to help Garcia-Berrios murder Rodriguez. And Leal does not
dispute that the Two Six Renegades is a criminal organization. He further
contends that the State failed to present sufficient evidence to demonstrate that
the supposed new gang he had formed with Garcia-Berrios had at least three
members. But, as discussed above, Leal and Garcia-Berrios did not murder
Rodriguez as members of a new gang but, rather, they murdered Rodriguez
while affiliated with the Two Six gang.
[21] In sum, the State presented evidence that Leal had “cliqued up” with the Two
Six gang to help Garcia-Berrios murder another member of the Two Six gang
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who had been “greenlighted.” Leal’s contentions on appeal are simply requests
that we reweigh the evidence, which we cannot do. The State presented
sufficient evidence to demonstrate that Leal murdered Rodriguez while a
member of a criminal organization and at the direction of or in affiliation with a
criminal organization. We therefore affirm Leal’s adjudication under the
criminal organization enhancement statute.
[22] Affirmed.
Pyle, J., and Altice, J., concur.
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