Crisler v. State

• Decision Date: 01 July 1987
• Docket Number: No. 45S00-8608-CR-764,45S00-8608-CR-764
• Citation: 509 N.E.2d 822
• Parties: Gregory L. CRISLER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).
• Court: Indiana Supreme Court

Page 822

509 N.E.2d 822

Gregory L. CRISLER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

No. 45S00-8608-CR-764.

Supreme Court of Indiana.

July 1, 1987.

Susan K. Carpenter, Public Defender, June D. Oldham, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-Appellant Gregory Crisler, charged with Murder, was convicted by jury of Voluntary Manslaughter, a class B felony. He was sentenced to fifteen (15) years imprisonment on May 11, 1982. He directly appeals, raising two issues for our review: (1) sufficiency of the evidence, and (2) sentencing.

The facts show Barbara Ann Miles, the victim, was at the Early Inn, a bar near 21st Street and Broadway in Gary, Indiana, at approximately 1:00 a.m. on December 16, 1981. Crisler entered the bar, walked up to Miles, and whispered something in her ear. Miles and Crisler began to argue loudly. Apparently, Crisler had asked Miles for his money which she then threw at Crisler.

Miles then walked out the door of the Early Inn with Crisler following her. Outside, Miles put her hand in her pocket as if holding a gun and told Crisler to back off. As Crisler moved towards Miles, she backed away. Miles told Crisler to leave her alone and to get away from her and that she didn't want to hurt him. Crisler then said, "I'm going to make you shoot me." Crisler ran across the street to his car and took out a gun. Crisler then ran to the middle of the street and began firing at Miles. He pursued her some distance while shooting at her. No one saw Miles holding a gun or shooting back at Crisler. A witness testified the fourth shot hit Miles and she fell in the middle of the street. The same witness later heard Crisler, who was coming out of the Inn, state Miles had tried to shoot him. Crisler then drove away.

Miles was discovered dead near the intersection of Washington Street and 21st Avenue. Death was determined to be caused by a bullet wound to the chest which lacerated the right lung and liver. No gun was found near her body. Gunshot residue tests performed shortly after the incident revealed Miles had neither fired nor held a gun which had been fired on December 16.

I.

Crisler first contends the State did not present sufficient evidence to overcome his claim of self-defense. Whether the State has disproved a claim of self-defense is a question of fact to be determined by the jury. Weekly v. State (1986), Ind., 496 N.E.2d 29, 30; Bowling v. State (1986), Ind., 493 N.E.2d 783, 785. It is reviewed as any other sufficiency question. We do not reweigh the evidence or judge the credibility of witnesses. Rather, we look to the evidence most favorable to the State along with all reasonable inferences therefrom. If there is substantial evidence of probative value from which the trier of fact might reasonably infer guilt beyond a reasonable doubt, the verdict will not be disturbed. Weekly, 496 N.E.2d at 30.

Crisler does not deny shooting Miles, but maintains his actions were in self-defense. He claims he thought Miles had a gun in her pocket and was going to shoot him. To prevail on a claim of self-defense, the defendant must have been in a place where he had a right to be, acted without fault, and acted in reasonable fear of death or great bodily harm. Mendez v. State (1986), Ind., 491 N.E.2d 532, 533; Ind.Code Ann. Sec. 35-41-3-2 (Burns 1985). The force used to repel an attack must be reasonable and may be used only in the belief that such degree of force is necessary to defend oneself. Sanders v. State (1981), Ind., 428 N.E.2d 23, 26.

There was sufficient evidence from which the jury could find beyond a reasonable doubt that Crisler did not act in...