Archer v. State

• Decision Date: 19 November 1997
• Docket Number: No. 59S00-9605-CR-00314,59S00-9605-CR-00314
• Citation: 689 N.E.2d 678
• Parties: Jackie Wesley ARCHER, Jr., Appellant (Defendant Below) v. STATE of Indiana, Appellee (Plaintiff Below).
• Court: Indiana Supreme Court

Page 678

689 N.E.2d 678

Jackie Wesley ARCHER, Jr., Appellant (Defendant Below) v. STATE of Indiana, Appellee (Plaintiff Below).

No. 59S00-9605-CR-00314.

Supreme Court of Indiana.

Nov. 19, 1997.

As Amended on Denial of Rehearing Feb. 18, 1998.

David A. Smith, McIntyre & Smith, Bedford, for Appellant.

Pamela Carter, Attorney General, Cynthia Ploughe, Deputy Attorney General, Indianapolis, for Appellee.

SELBY, Justice.

On July 26, 1995, Jackie Wesley Archer, Jr. ("defendant") pleaded guilty but mentally ill to four Class A felonies which included attempted murder, rape, and two counts of criminal deviate conduct. On the same day, the trial court conducted a bench trial on a fifth habitual offender count, and, after hearing evidence that defendant had been convicted previously of two unrelated felonies, the court found that defendant was a habitual offender. Defendant now appeals his sentence totaling one hundred sixty-five (165) years solely on the ground that the court abused its discretion when it failed to make appropriate findings, and that the resulting sentence is manifestly unreasonable. We find that the trial court failed to give weight to the mitigating circumstance of defendant's mental illness, and, therefore, we reduce defendant's sentence to a total of one hundred twenty-five (125) years.

FACTS

At the hearing on his plea of guilty but mentally ill, defendant testified that, in the early morning hours of May 7, 1994, after consuming alcoholic beverages and smoking marijuana at his ex-girlfriend's house, he left and went to the trailer home of the victim, Cathy Wright. He knew Wright as the wife of the man from whom he was purchasing a car.

Upon arriving at Wright's trailer, he brandished a knife at her and forced his way through the front door. He demanded money, and when she indicated that she had no money to give him, he ordered her to disrobe and go to the bedroom. While in the bedroom with her and in possession of the knife, he threatened to kill her and forced her to have sexual intercourse with him. He also forced her to engage in oral and anal sex, while he continued to threaten her life.

At one point during the episode, Wright attempted to escape. Defendant pursued her with his knife in hand and caught her outside the trailer. When she grabbed for the knife, he stabbed her sixteen times, once in the neck and numerous times in the abdomen and chest area. Defendant, then, thinking When Wright regained consciousness, she was able to crawl back into her home and call for assistance.

she was dead or dying, left her in the yard outside her trailer and fled the scene.

On July 26, 1995, defendant pleaded guilty but mentally ill to attempted murder, rape, and two counts of criminal deviate conduct. The court and both counsel questioned defendant on the record regarding the events of May 7, 1994. Defendant testified as to those events. He also testified that he believed himself to be suffering from intermittent explosive disorder and antisocial personality disorder at the time of the crimes. Three court-appointed psychiatrists previously had filed their reports with the court. The trial court determined that defendant's plea of guilty but mentally ill was voluntary, and that there was a factual basis for the plea. ¹

DISCUSSION

In evaluating defendant's claim that his sentence is manifestly unreasonable, we first consider the evidence, including the evidence of mental illness and the court's findings thereon. We then review the appropriate standard of review and apply it to the facts in this case.

I. Sentencing Hearing and Evidence of Mental Illness

At the sentencing hearing on January 12, 1996, the court had before it the reports of three court-appointed psychiatrists, medical records from Dr. Shellenberger's clinic, and the Presentence Report which outlined defendant's lengthy juvenile and adult criminal records. The court also heard testimony from the victim, defendant, Detective Chambers, and Dr. Shellenberger.

The medical records and evidence before the court show that defendant has been in and out of mental health centers for evaluation or treatment since he was a juvenile. He began drinking when he was seven or eight, and continued drinking as an adult, often heavily, and sometimes as much as one or two cases of beer in a day. He also has experimented with cocaine and LSD, and regularly smokes marijuana.

During the late 1970s and early 1980s, while still a juvenile, he was arrested for various theft and vandalism offenses and placed on probation several times. He was repeatedly truant from school and involved in fights, had a poor academic record, and ultimately school officials dismissed him. As a result, between 1978 and 1984, a number of mental health professionals evaluated him. They judged him at various times to be in the low average range of intelligence, to have difficulty with visual motor tasks, to have an adjustment reaction to adolescence, and to have a conduct disorder related to his lying and stealing. Mental health professionals also concluded that there was some evidence of "a learning disability and parallel organic impairment," and that it was likely that defendant was experiencing some depression and emotional distress related to conforming his behavior to the limits and boundaries of his environment. (R. at 499.)

While defendant was incarcerated in the late 1980s and early 1990s, he suffered from nervousness, sleep difficulties, and a bad temper. Defendant reported that sometimes he became so angry that he could not remember what happened when he had his temper outbursts, and also reported one suicide gesture in 1987 when he could not get access to a person he wanted to "get even with." (R. at 529.) Defendant began taking doxepin (also referred to as "sinequan"), an anti-depressant.

In 1992, while defendant was still in prison, Dr. Shellenberger, one of the psychiatrists who was later appointed by the court to evaluate defendant, first diagnosed defendant as having antisocial personality disorder, a disorder which generally begins at an early age and continues into adulthood.

On March 30, 1994, approximately five weeks before committing the crimes at issue, defendant, on his own initiative, visited a mental health center and reported that he was aggressive, had frequent fights, and could not keep a job. He reported to Dr. Shellenberger and his colleague that he had a bad childhood, and that his father beat his mother and him. He admitted to a history of drug and alcohol abuse. He stated that when he drinks whiskey he gets angry and mean. He said he hears a voice and sometimes two voices that talk to him. Sometimes the voices tell him to go out into the woods, and sometimes they tell him to hurt himself or someone else. When the voices aggravate him, he drinks beer to calm himself down. During the interview, Dr. Shellenberger observed that defendant looked angry, looked over his shoulder several times, and rocked in his chair constantly throughout the interview.

Dr. Shellenberger again noted that defendant meets the criteria for antisocial personality disorder, and diagnosed defendant as having intermittent explosive disorder. Dr. Shellenberger also diagnosed defendant as having an alcohol addiction, hallucinations with the exact etiology uncertain and the possibility of a schizophrenia spectrum disorder. He prescribed doxepin and stelazine, which is a powerful tranquilizer used mainly for treating psychosis, and recommended that defendant keep his mental health appointments.

Defendant did not keep his follow-up appointments and did not begin his medication.

Approximately three weeks after his interview with Dr. Shellenberger, defendant committed the crimes at issue. The court appointed three psychiatrists--Dr. Shellenberger, Dr. Crane, and Dr. Kane--to perform psychiatric examinations for the purpose of determining whether defendant was competent to stand trial, and whether defendant was legally sane at the time of the offense.

Dr. Shellenberger met with defendant again on June 7. Defendant reported that during the week prior to committing the offenses, he was agitated and had difficulty with his temper. He threatened a co-worker, had a falling out with his girlfriend, and got into a fight with his sister who gave him a black eye. His sleep was erratic and he lost seven pounds, as he was not eating well. He stated that when he is alone and things are quiet, his voices comfort him, but when he gets agitated and angry the voices increase his agitation. When asked if he was hearing voices during the interview, he said, "I don't want to say what they are saying. I don't want to hurt anyone." (R. at 457.) Dr. Shellenberger reported that, while he became increasingly agitated as the interview progressed, his thinking appeared to be logical and sequential, and he was oriented as to time, place, and person. Dr. Shellenberger again diagnosed defendant as having intermittent explosive disorder, hallucinations of an uncertain etiology, alcohol addiction and again noted that he meets the criteria for antisocial personality disorder.

Dr. David G. Crane interviewed defendant on June 10, 1994. When Dr. Crane questioned defendant about the events of May 7 and discrepancies between his description of events and those which he reportedly provided to the detective who prepared the Probable Cause Affidavit, he became angry, refused to answer any additional questions, and terminated the interview early. Dr. Crane concluded that defendant was competent to stand trial, and that he was not insane at the time of the offense, but otherwise made no diagnosis.

Dr. Kane reviewed the evaluations of Drs. Shellenberger and Crane and also interviewed defendant on December 14, 1994. Dr. Kane observed that, while defendant stated that he heard voices when he was angry, there did not appear to be any classically bizarre delusions or preoccupations and his thought processes were...