Angulo v. State
| Decision Date | 14 July 2022 |
| Docket Number | Court of Appeals Case No. 21A-CR-1465 |
| Citation | 191 N.E.3d 958 |
| Parties | Mario M. ANGULO, Jr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Attorney for Appellant: Donald R. Shuler, Goshen, Indiana
Attorneys for Appellee: Theodore E. Rokita, Attorney General of Indiana, Samuel J. Dayton, Deputy Attorney General, Indianapolis, Indiana
[1] Mario M. Angulo appeals his convictions for murder, Level 2 felony robbery resulting in serious bodily injury, and two counts of Level 3 felony criminal confinement. Angulo claims that the trial court abused its discretion in granting the State's motion for joinder that permitted Angulo to be tried with a codefendant, which he claims impinged on his right to "compel witnesses to testify on his behalf," appellant's brief at 19, that the trial court erred in granting the State's motion in limine that unfairly limited his right to cross-examine and impeach a witness, and that he was denied his right to present a defense because the trial court restricted him from questioning a witness on direct examination. Angulo further claims that the evidence was insufficient to support the robbery conviction and that his sentence was inappropriate in light of the nature of the offenses and his character.
[2] We affirm.
[3] Tylor Saunders owned a residence in Elkhart County that became a frequent location for him and other individuals to gather and "get high" on methamphetamine and other drugs. Transcript Vol. IV at 220. Those who participated in such activities included Angulo, Jose DeJesus Lopez Jr., Hope Lowry, Donald Owen, Matt Murzynski, and Kimberly Dyer.
[4] Angulo spent a lot of time around various members of the Latin Kings gang, and he eventually joined as a member or became closely affiliated with them. Many of the gang members, including Owen, who was referred to as "King Duke," frequently visited Saunders's residence to use drugs. Transcript Vol. IV at 219, 250. The gang always treated "snitching" as a cardinal sin. Transcript Vol. XII at 91.
[5] Sometime in October 2019, Dyer invited Lopez to Saunders's residence. Several individuals were present, including members of the Latin Kings. Also present was Robert Porter who was selling marijuana. Porter would frequently accept jewelry as payment in exchange for marijuana. When Porter arrived, he was wearing some jewelry, including a Freemason ring that belonged to his grandfather.
[6] Shortly after Lopez arrived at the residence, Dyer handed him two sheets of paper that included a bubble chart that resembled a seating layout for a wedding. Dyer stated that the papers belonged to an individual by the name of Ashley Bope. Saunders also studied the documents, and he and Dyer came to believe that one of the papers contained names of people who were providing information to the police about criminal activity.
[7] Later that day, Angulo, Murzynski, and Lowry began searching Dyer's belongings "due to suspicions" that she was working with the police. Transcript Vol. VI at 94-95. They discovered a notebook with the names of most of the people who were at the house, along with a design of Saunders's residence.
[8] Murzynski always believed that Dyer was responsible for sending his brother to prison, and after seeing the notebook, he ordered Dyer to the basement. Several individuals, including Angulo, interrogated Dyer about the notebook. Dyer started to scream and stated that the notebook was not hers and that she had stolen it from Bope. Angulo and Murzynski were upset that Dyer was not providing them with the answers they wanted to hear. When the interrogation temporarily ceased, Porter stayed in the basement with Dyer to make sure that she did not escape while the others were upstairs.
[9] At some point, Angulo told Lopez that Dyer was in the basement and stated that they could not let her go because she was a snitch. Lopez walked down to the basement and saw Dyer lying on the floor. Porter was standing next to her, holding a rifle. After unsuccessfully trying to convince Angulo to release Dyer, Lopez left the residence.
[10] The general mood towards Porter changed when others heard Dyer scream that Porter was trying to rape her. When Porter walked upstairs and tried to leave the residence, Angulo prevented him from leaving. Sometime later, Angulo ordered Porter back to the basement. As Porter walked into the basement, he noticed that Dyer was bound with zip ties and was lying on her stomach. Her mouth was partially covered in duct tape, and she had a "fat lip," a bloody nose, and her face "looked messed up." Transcript Vol. VI at 111.
[11] At some point, Angulo contacted Owen and told him to come to the residence with a gun because he had planned a robbery. When Owen arrived, he was holding a knife. Murzynski stated that Porter was wearing jewelry, and Owen replied, "Oh, I gotta get paid." Id. at 116-17. Angulo, Owen, and Murzynski then confronted Porter. Owen began punching Porter, and Porter—fearing for his safety—handed Owen the jewelry that included his grandfather's ring. One of the individuals then used zip ties to bind Porter's hands and ankles. Angulo, Owen, and Murzynski kicked Porter in his face, stomach, and back. Approximately two hours later, Angulo used a torch to burn off Porter's zip ties, causing Porter to suffer "excruciating" pain and burn marks. Id. at 121.
[12] Angulo and Murzynski then directed Porter upstairs to the kitchen. Murzynski placed a towel over Porter's head, and Owen started punching Porter in the face. Murzynski took out his cellphone, began to film Porter and instructed him to accept fault for "what was going on." Id. at 126-27. Owen and Murzynski then made Porter crawl into a dog crate and eat dog food and a spider and extinguish a cigarette with his tongue.
[13] In the meantime, Angulo continued to interrogate Dyer about the papers she had and began to waterboard her. The waterboarding lasted nearly fifteen minutes, with pauses for Angulo to refill a water pitcher. Dyer was then pushed into a closet. She had been beaten, her mouth was duct-taped shut, and she was bound with zip ties.
[14] Porter was again brought down to the basement where he noticed Angulo and Murzynski standing next to Dyer. Angulo had a knife in his hand, and he and Murzynski were discussing cutting off Dyer's toes. Their remarks included, "she didn't flinch on this one" and "she must be, like, a tough bitch." Id. at 132.
[15] Porter was again taken up to the kitchen, whereupon Owen ordered him to write down a list of his children's names. Owen threatened to kill the children if Porter told anyone what had happened. After Porter wrote a list of fictitious names, he was told to go back to the basement with Angulo and Murzynski, where he was again bound with zip ties.
[16] At some point, Porter heard Owen say, "put them to sleep" or "put her to sleep," which Porter understood to mean that either he or Dyer, or both, were going to be killed. Id. at 138-39. Porter noticed that Dyer had been bound with duct tape from her head to her shoulders "like a mummy" and was groaning. Id. at 140.
[17] Murzynski ordered Lowry to retrieve a bottle of bleach from the kitchen. When she returned, Angulo and Murzynski poured bleach down Dyer's throat with a hose. Angulo then told Porter that if he wanted to get out of the basement alive, he needed to help strangle Dyer. Angulo gave Porter one end of the hose and told him to hold onto it like an anchor. Angulo wrapped the hose around Dyer's neck, tightened it, and choked her. Angulo then "snapped," picked up a broken glass bottle, and slit Dyer's throat with it. Transcript Vol. VII at 58-60, 62. Angulo cut Dyer multiple times, resulting in her inability to breathe. Dyer eventually died from her injuries.
[18] As Porter was walking upstairs, Owen followed him and slashed Porter's wrists with a large knife. The cut was so deep that Porter could see "all the insides" and the "meat and all that was coming out." Id. at 144. Shortly thereafter, Porter was permitted to leave the residence after promising not to tell anyone about Dyer's torture and killing.
[19] Lopez returned to Saunders's house later that evening. Angulo told Lopez that he needed his help, that Transcript Vol. IV at 244. Lopez was permitted to leave after promising to help dispose of Dyer's body.
[20] After Lopez left, Owen shoved Dyer's body headfirst into a trash bin. As Dyer's body did not quite fit, Lowry was directed to sit on top of the lid while the bin was wrapped in duct tape to keep it closed.
[21] Owen then contacted a friend of his—Jennifer Kufeldt—who arrived at the residence shortly thereafter. Owen stated they wanted some bleach to clean up the basement and they needed Kufeldt's car to dispose of the bin containing Dyer's body. Angulo mentioned to Kufeldt that he had injured his foot while he was kicking Dyer in the head the previous night. Angulo, Owen, and Kufeldt left to dispose of Dyer's body, while Lowry stayed and cleaned the residence. Someone ripped up the carpet and burned it in a backyard firepit, while Lowry painted over the blood-splattered walls.
[22] As Angulo, Owen, and Kufeldt were driving with Dyer's body, Angulo contacted Jerikay Delater-Foster, who was a surrogate mother to him, stating that he needed her help. All three met with Delater-Foster at an abandoned house in Michigan where she was living, and Angulo told her that he "f****d up." Transcript Vol. IX at 64-66. Angulo stated that he had killed "some girl," a "nobody" and a "snitch," and that her body was in the trunk. Id. at 66-67. Delater-Foster told Angulo that he was a "dumbass" because the "snitch list" that was found in Dyer's belongings was the same list that had been distributed two weeks earlier. Id. at 67-68. Delater-Foster explained that Dyer must not have talked because she did not know...
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