Campbell v. State, 10S00-8803-CR-326
| Decision Date | 03 April 1989 |
| Docket Number | No. 10S00-8803-CR-326,10S00-8803-CR-326 |
| Citation | 536 N.E.2d 285 |
| Court | Indiana Supreme Court |
| Parties | Michael Anthony CAMPBELL, Appellant, v. STATE of Indiana, Appellee. |
Michael J. McDaniel, McDaniel, Biggs & Ollis, New Albany, for appellant.
Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.
A bench trial resulted in appellant being found guilty of Murder but mentally ill. The court reduced the presumptive sentence of forty (40) years by eight (8) years by reason of mitigating circumstances. Thus, appellant was committed to the Department of Correction for a period of thirty-two (32) years.
The facts are: On December 9, 1986, appellant was residing with his mother in Jeffersonville, Indiana. He had exchanged some words with his neighbor David Johnson. At approximately 6:00 a.m., appellant stood on his front porch as the victim was leaving for work and called to the victim. As the victim approached him, appellant raised a Luger semiautomatic pistol and fired three shots into the body of the victim.
Appellant then entered his house, put down his gun, and called the police. When the police arrived, he told them he shot the victim "to save Mom and save me." However, there is no evidence in this record that the victim had ever threatened appellant. In fact, the victim appeared to be appellant's friend. They had watched movies together and played guitars together. During the investigation, appellant's mother told the police officers that her son had been concerned that the victim was going to put bombs in her car or her house. However, there is nothing in this record to substantiate such a belief on the part of appellant.
Appellant first filed a motion for psychiatric examination as to his competency to stand trial. This motion was granted and psychiatrists were appointed. Appellant then filed a notice of intent to interpose the defense of insanity. The evidence is that appellant's treatment for mental problems began in 1970 when he was in the National Guard, and he met with Dr. Archangel, a psychiatrist, for a number of sessions.
In mid-1976, appellant travelled through the west for several months. When he returned, he was experiencing auditory hallucinations, and his mental condition began to deteriorate. In 1978, appellant's mother had him committed to a southern Indiana mental health center, and after his release, he was placed on medication and regular outpatient counseling.
After his father's death in August of 1985, his condition worsened. He applied for and received Social Security Disability. He feared for his and his mother's safety and purchased a pistol for his mother's protection. He feared that there would be a world war and began to stockpile supplies in his room. During this time, however, his mother felt that he was well enough to be left alone for a period of days on two separate occasions.
Doctors who testified were in general agreement that appellant was suffering from chronic paranoid schizophrenia. Four of the five doctors who testified stated that in their opinion appellant was insane at the time he committed the offense. The fifth doctor, Dr. Joseph Brill, testified that he found no evidence that appellant was insane at the time of the homicide unless he was delusional. The witness felt appellant was sincere when he stated that he felt his security was in jeopardy and that he shot the victim in self-defense.
Lay witnesses testified that they thought appellant was "weird," but they believed him to be sane at the time the offense was committed.
Appellant claims the trial court erred in finding that he had failed to meet his burden of proof on the issue of insanity. Indiana Code Sec. 35-41-3-6 reads as follows:
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