ATTORNEYS FOR APPELLANT: ATTORNEYS FOR APPELLEE:
ROBERT W. HAMMERLE KAREN M. FREEMAN-WILSON
JOSEPH M. CLEARY Attorney General of Indiana
Hammerle Foster Allen & Long-Sharp
Indianapolis, Indiana KOSTAS A. POULAKIDAS
Deputy Attorney General
Indianapolis, Indiana
IN THE
SUPREME COURT OF INDIANA
CHRISTOPHER LEWIS, )
)
Appellant-Defendant, )
) Supreme Court Cause Number
v. ) 49S00-9910-CR-611
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )
APPEAL FROM THE MARION SUPERIOR COURT
CRIMINAL DIVISION, ROOM 4
The Honorable Mark Renner, Judge
Cause No. 49G04-9805-CF-70079
ON DIRECT APPEAL
December 22, 2000
RUCKER, Justice
Following a bench trial, nineteen-year-old Christopher Lewis was
convicted of murder for the beating death of his twenty-year-old girlfriend
Stacie Harris. In this direct appeal Lewis raises one issue for our
review: is the evidence sufficient to support his conviction?
We affirm the trial court.
Facts
Lewis and Harris met in middle school and dated off and on since their
sophomore year of high school. On the evening of May 1, 1998, Lewis and
Harris got into an argument about Harris’ alleged infidelity. The facts
most favorable to the verdict show that Lewis shoved Harris into a wall,
strangled her, slammed her onto the ground, swung her into furniture and a
wall, and hit and kicked her. After the fight, both Lewis and Harris fell
asleep.
Because Harris was unresponsive the following morning, Lewis and
Harris’ friend took her to the emergency room. Tests revealed that Harris
was clinically brain dead. After consultation with Harris’ family, the
doctors removed her from the ventilator on May 3. Harris died minutes
later.
After a bench trial, Lewis was convicted of murder and sentenced to
fifty-five years imprisonment. This direct appeal followed. Additional
facts are set forth below where relevant.
Discussion
Lewis admits that he killed Harris but asserts that the evidence was
insufficient to prove that it was a knowing killing. The standard for
reviewing sufficiency of the evidence claims is well-settled. We do not
reweigh the evidence or judge the credibility of the witnesses. Jackson v.
State, 728 N.E.2d 147, 153 (Ind. 2000). We will affirm the trial court if
the probative evidence and reasonable inferences drawn from the evidence
could have allowed a reasonable trier of fact to find the defendant guilty
beyond a reasonable doubt. Id. The State charged Lewis with murder for
the knowing killing of Harris. Under Indiana Code § 35-41-2-2(b), “[a]
person engages in conduct ‘knowingly’ if, when he engages in the conduct,
he is aware of a high probability that he is doing so.” To kill knowingly
is to engage in conduct with an awareness that the conduct has a high
probability of resulting in death. Lyttle v. State, 709 N.E.2d 1, 3 (Ind.
1999).
In Anderson v. State, 681 N.E.2d 703 (Ind. 1997), the defendant
alleged that the evidence was insufficient to support the knowing killing
of his girlfriend’s twenty-one-month-old child on grounds that he only
struck the child in the chest to stop her from crying. The evidence in that
case showed that the child sustained blunt force injuries all over her
body, a ruptured diaphragm, and a torn esophagus and stomach. We found
sufficient evidence to support the element of a knowing killing in part
because “[f]rom the severity of [the child’s] injuries . . . , there was
sufficient evidence from which the jury could have concluded beyond a
reasonable doubt that [the] defendant knowingly killed [the child] . . . .”
Id. at 708. See also Owens v. State, 659 N.E.2d 466, 473 (Ind. 1995)
(finding sufficient evidence to support the element of a knowing killing in
part because “from the severity of the beating . . . , the jury could have
concluded beyond a reasonable doubt that [the defendant] knowingly killed
[the victim]. . . .”).
Here the State introduced extensive evidence of the severity of
Harris’ injuries. Dr. Dean Hawley, the forensic pathologist who performed
Harris’ autopsy, testified at trial that Harris’ body contained blunt force
injuries that “completely cover[ed] her body from head to toe, front and
back.” R. at 314. The blunt force impacts to Harris’ head caused her
brain to swell and herniate through the base of her skull, resulting in
brain death. R. at 314. Dr. Hawley testified that he could not pinpoint
what specific head injury caused Harris’ brain death because “[t]here are
so many impacts of the head, I don’t know what to associate with the brain
damage.” R. at 343. Harris also sustained blunt force injuries to her
neck that included the pattern of a ligature that had been wrapped around
her neck and small bruises resembling fingernail marks. R. at 314. There
were internal injuries to Harris’ larynx, indicating manual and ligature
strangulation. R. at 314. Harris also had bruises on her body that were
“[t]oo many to count,” including bruises in the shape of finger marks and
shoeprints. R. at 314, 334, 346-47. When asked if he could tally up the
various injuries to Harris, Dr. Hawley responded, “I can’t. They’re just
everywhere.” R. at 333. Dr. Hawley concluded that Harris died of
“[m]ultiple blunt force injuries and manual and ligature strangulation.”
R. at 304.
Dr. Kristi George, the neurologist who treated Harris, testified at
trial that the entire left hemisphere and front portion of the right
hemisphere of Harris’ brain were completely destroyed. R. at 253-54. Dr.
George also testified that there was blood in Harris’ eyes, urine, and
brain. R. at 253, 254, 257. Dr. George concluded that Harris died of
blunt force trauma and lack of oxygen, most likely from strangulation. R.
at 258-269, 298.
From the severity of Harris’ injuries, there was sufficient evidence
from which the trier of fact could have concluded beyond a reasonable doubt
that Lewis knowingly killed Harris.
Conclusion
We affirm the trial court.
SHEPARD, C.J., and DICKSON, SULLIVAN and BOEHM, JJ., concur.