Legal Research AI

Williams v. State

Court: Indiana Supreme Court
Date filed: 2001-06-28
Citations: 749 N.E.2d 1139
Copy Citations
14 Citing Cases



Attorney for Appellant

John Pinnow
Greenwood, IN



Attorneys for Appellee

Jeffrey A. Modisett
Attorney General of Indiana

Thomas D. Perkins
Deputy Attorney General
Indianapolis, IN



      IN THE
      INDIANA SUPREME COURT


RONALD WILLIAMS,
      Appellant (Defendant below),

      v.

STATE OF INDIANA,
      Appellee (Plaintiff below).



)
)     Supreme Court No.
)     49S00-9903-CR-204
)
)
)
)
)
)



      APPEAL FROM THE MARION COUNTY SUPERIOR COURT
      The Honorable Cale Bradford, Judge
      Cause No.  49G03-9807-CF-123641



                              ON DIRECT APPEAL




                                June 28, 2001

SULLIVAN, Justice.

      Defendant Ronald Williams was  convicted  of  murder  for  cracking  a
man’s skull with a metal pole.   We  find  the  force  of  the  blow  itself
provided  sufficient  evidence  that  the  defendant  knowingly  killed  the
victim.  We also agree with the trial court that a witness’s prior drug  use
and past work  as  a  police  informant  were  not  relevant  and  that  the
prosecutor’s failure to disclose certain police notes until  trial  did  not
require reversal in these cicumstances.

                                 Background

      The facts most favorable to the  verdict  indicate  that  on  May  29,
1998, Matthew McGarvey went with a friend to buy crack cocaine on  the  near
eastside of Indianapolis.  McGarvey got out of the vehicle and approached  a
crowd of people.  At the same time, Adair  Smith  was  on  the  same  street
buying drugs.  She saw McGarvey beaten  by  Defendant  Ronald  Williams  and
several other men.  She saw Defendant pick up a black  metal  pole  and  hit
McGarvey once in the head, knocking him to the ground.   The impact  was  so
severe that Smith heard a cracking sound when he was  hit.   After  McGarvey
was knocked to the ground, the group of men continued to beat and kick  him.
 McGarvey was hospitalized for eight days before he  died.   His  skull  was
fractured and he died as a result of the head injury.

      Defendant was convicted of Murder.[1]  Defendant also pled  guilty  to
being a habitual offender.[2]

                                 Discussion

                                      I

      Defendant contends that  the  State’s  evidence  was  insufficient  to
support his conviction for murder.  See Appellant’s Br. at  10.   He  argues
that “[t]he State did not prove beyond a reasonable doubt that Williams  was
aware of a high probability that he would kill McGarvey by striking him  one
time in the head with a metal pole.”  Id. at 13.

      In reviewing a sufficiency of the evidence claim,  the  Court  neither
reweighs the evidence nor assesses the credibility of the  witnesses.    See
Garland v. State, 719 N.E.2d 1236,  1238  (Ind.  1999).    We  look  to  the
evidence most favorable to  the  verdict  and  reasonable  inferences  drawn
therefrom.  See Sanders v. State, 704 N.E.2d 119, 123 (Ind. 1999).  We  will
affirm  the  conviction  if  there  is  probative  evidence  from  which   a
reasonable jury could  have  found  Defendant  guilty  beyond  a  reasonable
doubt.  See Brown v. State, 720 N.E.2d 1157, 1158 (Ind. 1999).

      To convict a defendant of  murder,  the  State  must  prove  that  the
defendant “knowingly or intentionally” killed the victim.  Ind. Code  §  35-
42-1-1.  To “knowingly” kill requires, at a minimum,  an  awareness  on  the
part of the defendant of a high probability that death will result from  his
actions.  See Storey  v.  State,  552  N.E.2d  477,  483  (Ind.  1990).   In
deciding whether a defendant was aware of  the  high  probability  that  his
actions would result in the death of a victim, the  jury  may  consider  the
duration and brutality of a defendant’s actions, and the relative  strengths
and sizes of a defendant and victim.  See  Childers  v.  State,  719  N.E.2d
1227, 1229 (Ind. 1999); Nunn v. State, 601 N.E.2d 334, 339 (Ind. 1992).


      We find that the evidence was sufficient to find Defendant  guilty  of
murder.  According to the evidence, Defendant struck McGarvey  once  with  a
metal pole.  The degree of force was equivalent to  a  fall  from  a  height
greater than ten to twelve feet.  The impact caused the  victim’s  brain  to
swell and a portion of the brain shifted to the left side of the head.


      In his defense, Defendant cites Nunn, where the Court held that  there
was insufficient evidence to support  a  conviction  for  murder  where  the
defendant struck the victim once with his hands from behind and she  died  a
short time later.  Id. at  338-39.   Defendant  claims  that  this  case  is
similar since the evidence here suggests  that  Defendant  only  struck  the
victim once.


      In Nunn, however, the Court also stated that “an intent to kill may be
inferred from a single blow.”   Id.  at  334.   In  Nunn  we  stated,  “[the
defendant] struck [the victim] once with his hands, and  ...  the  cause  of
death, a severed vertebral artery, is an unusual  injury.”   Id.   Here,  in
contrast to Nunn, the State presented evidence of  a  vicious  blow  to  the
head with a hard object.  The injury was  not  uncommon  for  that  kind  of
impact.  A jury could reasonably infer from  this  evidence  that  Defendant
knowingly killed the victim.


                                     II

      Defendant contends that “the court abused its discretion in  excluding
evidence that [a witness] previously worked for the State as a  confidential
informant while she was using drugs.”  Appellant’s Br. at 15.

      At trial, Adair  Smith  identified  Defendant  as  one  of  McGarvey’s
attackers.  She testified that she had gone to 21st  and LaSalle Streets  to
buy drugs on May 29, 1998, the night of the attack.  There she saw  the  men
beating McGarvey and saw  Defendant  strike  McGarvey  with  a  metal  pole,
causing McGarvey to fall to the ground.  And she saw the other men kick  and
punch McGarvey when he was down.  Smith also testified  at  trial  that  she
smoked crack and marijuana on May 29 and throughout 1998.

      Smith did not go to the police initially.  Her  boyfriend  had  agreed
to go  to  speak  with  the  police  about  a  different  homicide  and  she
accompanied him.  She testified that she was worried that her boyfriend  was
in trouble.  She told Detective Prater that she  knew  about  a  beating  at
21st and LaSalle and she gave a  statement  and  identified  the  attackers.


      At a pretrial deposition, Smith  testified  that  she  had  previously
worked as a confidential drug informant for the Lawrence  Police  in  return
for not filing prostitution charges against her.  She worked  for  them  for
about two and a half years, starting in  1995.   Smith  testified  that  she
smoked crack while working as an  informant  and  claimed  that  her  police
supervisor knew she was using drugs.  The trial court  granted  the  State’s
motion in limine to exclude evidence of Smith’s prior drug use.  The  court,
however, allowed defense counsel to ask about her drug use at  the  time  of
the crime.

      Defendant argues that  the  court  should  have  allowed  evidence  of
Smith’s past drug use and  her  work  as  an  informant,  claiming  it  “was
relevant to evaluating her credibility.”  Appellant’s Br. at 19.  Smith  did
testify that she was afraid that her boyfriend was in trouble, and that  she
had worked as an informant in  the  past  in  order  to  avoid  prostitution
charges.  Defendant maintains that  this  information  suggests  that  Smith
“would do what was necessary to get the police to  not  [sic]  pursue  other
criminal charges.”  Appellant’s Br. at 20.  Defendant sought to  argue  that
Smith was a biased witness because she “did what she believed was  necessary
to get [her boyfriend] off the  hook  by  providing  information  about  the
instant homicide.”  Id.

      “The trial court has wide latitude in ruling on the  admissibility  of
evidence and in determining its relevancy.”  Kremer  v.  State,  514  N.E.2d
1068, 1073 (Ind. 1987).  We review a trial court’s ruling  as  to  relevance
for an abuse of discretion.  See Anderson v. State, 718  N.E.2d  1101,  1103
(Ind. 1999); Willsey v. State, 698 N.E.2d 784, 793 (Ind.  1998).   And  even
if the trial court erroneously excludes admissible  evidence,  we  will  not
reverse a defendant’s conviction unless his  substantial  rights  have  been
affected.  See  Fleener  v.  State,  656  N.E.2d  1140,  1142  (Ind.  1995);
Schwestak v. State, 674 N.E.2d 962, 965 (Ind. 1996).

      The trial court stated that Smith’s prior drug  use  and  work  as  an
informant was “not related to this case.”  Evidence is not  relevant  unless
it has a tendency to make the existence of any fact that is  of  consequence
to the determination of the action more probable or less  probable  than  it
would be without the evidence.  See  Ind.  Evidence  Rule  401;  Jackson  v.
State, 712 N.E.2d 986, 988 (Ind. 1999).


      We conclude that the trial court  did  not  abuse  its  discretion  by
prohibiting testimony of Smith’s prior drug use.  Defendant was allowed  to,
and did, cross-examine Smith about her drug use on the day  of  the  killing
and at the time of the trial.  The trial  court  only  prohibited  Defendant
from asking Smith about her prior drug use.  Defendant does not  attempt  to
argue that the prior drug use goes to Smith’s character but  rather  to  her
credibility.  He says that “[i]t is more likely that she lied  to  her  case
officers about her continuing  drug  use.”   Appellant’s  Br.  at  19.   But
Defendant did not and does not present any evidence that  she  lied  to  her
case officers or anyone else about her past drug use.  Even had  there  been
evidence that she had lied, it appears that such evidence  would  have  been
inadmissible under Evid. R. 608(b) as constituting extrinsic  acts  used  to
prove credibility.


      We also conclude that the trial court did not abuse its discretion  by
prohibiting the testimony of Smith’s work as an informant  in  the  past  in
exchange for the police  dropping  charges.   Defendant  contends  that  her
testimony in this case was similarly motivated—that  she  testified  to  get
her boyfriend out of trouble.  Id. at 19-20.  Although  Smith  said  in  her
pretrial deposition that she thought her boyfriend was in trouble, she  only
referred to the time that she gave her  initial  statement  to  the  police.
Defendant did not and does  not  cite  any  evidence  showing  that  Smith’s
boyfriend was in any danger of being prosecuted  or  that  she  remained  in
fear of him being  prosecuted.   The  trial  court  permitted  Defendant  to
question Smith about ulterior motives and bias in her testimony;  Smith  was
cross examined about her fear that her boyfriend was in trouble.  The  trial
court also allowed questions pertaining to any incentives she was  receiving
for testifying.  While there may be situations  where  prior  service  as  a
police informant would be  relevant  to  evaluating  the  credibility  of  a
witness, the connection here is simply  too  attenuated  to  find  that  the
trial court abused its discretion.

                                     III

      Defendant contends that “the court abused its  discretion  in  denying
Williams’ motion to dismiss when the State had not timely  complied  with  a
discovery order.”  Appellant’s Br. at 20.

      During the second day of trial, Defendant  became  aware  of  evidence
that the prosecutor had not disclosed.  A State’s  witness,  Detective  Mark
Prater, had 100 to 150 pages of handwritten notes  of  which  Defendant  was
not aware even though the prosecutor’s office  had  a  copy  of  the  notes.


      Defendant had requested  production  of  “all  statements,  notations,
memoranda or reports … prepared by any witnesses whom the State  of  Indiana
intends to call during the trial of this cause.”  Under the Marion  Superior
Court Division Rule 7(2), the State was required to  disclose  “[t]he  names
and last known addresses of persons  whom  the  State  intends  to  call  as
witnesses, with their relevant written or  recorded  statements,”  and  “any
material or information within its  possession  that  tends  to  negate  the
guilt of the accused.”


      In the State’s notices  of  discovery  compliance,  the  State  listed
Prater on its witness list, but never disclosed the existence of the  notes.
 The notes  revealed  that  the  police  department  or  victims  assistance
provided money to Smith to stay at a  motel  one  or  two  nights  when  her
electricity was shut off.  Defendant moved for dismissal based  on  the  new
information, arguing that evidence that Smith  was  receiving  consideration
for her trial testimony was impeachment  evidence  relevant  to  the  jury’s
assessment of her credibility.  See Appellant’s Br. at 25.  The trial  court
denied Defendant’s motion, finding that  Defendant  suffered  no  prejudice.



      The State’s failure to disclose the notes was a violation of the trial
court’s discovery order.  See Goodner v. State, 714 N.E.2d 638, 642-3  (Ind.
1999); Williams v. State, 714 N.E.2d  644,  649  (Ind.  1999).   But  “trial
courts are given wide discretionary latitude in discovery matters and  their
rulings  will  be  given  deference  on  appeal.   Absent  clear  error  and
resulting prejudice, the  trial  court’s  determination  of  violations  and
sanctions will be affirmed.”[3]  Id.   (citations  omitted).   There  is  no
indication that Defendant suffered  prejudice  by  the  State’s  failure  to
disclose Prater’s notes.  The notes were  produced  and  Prater  was  cross-
examined about them.  Smith was also available to testify  about  the  hotel
and  any  other  benefits  she  received  from  the  State.    Under   these
circumstances, we affirm the trial court’s denial of Defendant’s  motion  to
dismiss.


                                 Conclusion


      The judgment of the trial court is affirmed.


      SHEPARD, C.J., and DICKSON, BOEHM, and RUCKER, JJ., concur.


      -----------------------
      [1] Ind. Code § 35-42-1-1 (1993).

      [2] Id. § 35-50-2-8 (Supp. 1996).

      [3]  Although the trial court did not find any misconduct on the  part
of  any  of  the  lawyers,  we  remain  deeply  concerned  about   discovery
violations by the State. Goodner, 714 N.E.2d at 642 (“We cannot continue  to
tolerate late inning surprises later  justified  in  the  name  of  harmless
error.  Continued abuses of  this  sort  may  require  a  prophylactic  rule
requiring reversal.”).  This  case  was  tried  prior  to  our  decision  in
Goodner.