Elliott v. State
| Decision Date | 17 July 2020 |
| Docket Number | Court of Appeals Case No. 19A-CR-2498 |
| Parties | Patrick M. ELLIOTT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Attorney for Appellant: Bruce W. Graham, Graham Law Firm P.C., Lafayette, Indiana
Attorneys for Appellee: Curtis T. Hill, Jr., Attorney General of Indiana, Jesse R. Drum, Deputy Attorney General, Indianapolis, Indiana
[1] Following a jury trial, Patrick Elliott was convicted of murder, a felony,1 and false informing as a Class A misdemeanor.2 He then admitted to the sentencing enhancement of using a firearm to commit the murder.3 The trial court sentenced Elliott to an aggregate term of seventy-five years executed in the Indiana Department of Correction. He appeals his conviction and sentence. We affirm.
[2] Elliott presents two issues for our review, which we restate as:
[3] In 1999, Elliott married Donita who brought two children to the marriage. Three years later, Donita was diagnosed with bipolar disorder
and generalized anxiety disorder and was prescribed medication for her mental health issues. During the course of their marriage, the couple experienced marital problems, which Elliott attributed to Donita's mental health issues and her "over the top or excessive" "reactions to normal day to day challenges[.]" Tr. Vol. 4, p. 97. In 2009, Elliott petitioned for legal separation; however, the couple reconciled. In 2015, the couple informally separated, and Donita moved out of the marital home. However, the couple again reconciled, and Donita returned to the home.
[4] In the days leading up to the murder, which occurred in the early morning hours of August 8, 2017, Elliott and Donita exchanged text messages about their troubled relationship and Donita's mental health issues, and Elliott explored having Donita committed to a mental hospital. On August 3, Donita sent a text message to Elliott stating that she was not going to any appointments and that she wanted a divorce. Elliott replied: Ex., Def.'s Ex. A, p. 200. On August 4, Donita texted to Elliott: "F* * * you, go take a bath and hold your head under[;]" and "F* * * off, do you want me to take the gun to your head[?]" Id. at 201. That evening, Elliott contacted a mental health hotline and communicated with a crisis counselor regarding Donita's behavior.
[5] On August 5, around 2:00 a.m., Donita texted Elliott, accusing him of placing her in a chokehold. In his responses, Elliott intimated that Donita had slipped and that he had not placed her in a chokehold but, instead, had prevented her from falling and hitting her head. Approximately thirty minutes later, Elliott traveled to the Tippecanoe County Sheriff's Department (TCSD) and talked with Lieutenant Brian Lowe about the process for having his wife committed to a psychiatric or mental hospital. The lieutenant explained the process and then asked if Elliott needed a wellness check for Donita. Elliott declined.
[6] On the morning of August 7, Elliott opened a separate bank account in his name only and transferred $10,000 from an account that he shared with Donita to the new account. Elliott and Donita exchanged heated text messages throughout the day. Donita texted that she was moving out and needed the money.
[7] At approximately 4:30 p.m. on August 7, Elliott again traveled to the TCSD, this time speaking with Officer Steven Stonerock about having Donita committed. Officer Stonerock asked Elliott if he wanted an officer to perform a wellness check on his wife, but Elliott refused. However, approximately one hour later, Elliott called the TCSD and asked for a wellness check for Donita.
[8] When the sheriff's deputies arrived, Elliott met them in his driveway. The deputies spoke with Elliott first and then with Donita's adult daughter Ashley, who, at the time, was living in a pole barn that was located on the property. After speaking with Elliott and Ashley, the deputies entered the home to speak with Donita. The deputies noticed that the kitchen appeared to have been ransacked. When the deputies first encountered Donita, she was sitting in her living room, calmly watching television. However, when she found out that Elliott had asked the deputies to perform a wellness check, she became increasingly angry that the officers were in her home and "attempting to get her to go to the hospital." Tr. Vol. 3, p. 207. Donita directed vulgar language at the deputies, and she called 911 several times in an effort to have the deputies removed from her home. Elliott called Donita's treating psychiatrist; however, the consensus of the deputies and the psychiatrist was that the requirements for the involuntary commitment of Donita had not been met.
[9] Donita left while the deputies were still at her house. Elliott then asked the deputies "something to the effect [of] what am I supposed to do wait until she attacks me?" Id. at 218. One of the deputies told Elliott that he could defend himself. The other deputy suggested to Elliott that, if Donita returned, he could record the encounter—"get some sort of evidence that we can sink our teeth into to substantiate one side or the other." Id. at 248.
[10] At some point after Donita and the deputies had left the house, Elliott retrieved a handgun from his car, brought it into the house, and hid it in the buffet next to his recliner. He called one of the deputies at 12:15 a.m., on August 8, to thank him for coming earlier. The deputy returned Elliott's call around 12:42 a.m., but the call went to voicemail.
[11] After leaving her home, Donita checked into a motel room and ordered dinner. Around midnight, she texted Elliott to tell him she needed to pick up her belongings from the house. Elliott was in the garage when Donita entered the back door of their house at 12:27 a.m. At 12:49 a.m., Elliott entered the house through the back door and used his cell phone to record the following interaction with his wife:
[12] At 12:54 a.m., Elliott called 911. Elliott stated that he had just shot his wife. He told the dispatcher that he "knew it was gonna' come to violence" and that his wife stormed in the door. Conf. Ex., State's Ex. 2. He later said, Id. Elliott first told the dispatcher that he thought his wife was "okay" and was breathing and snoring; he was not sure where, or even if, his wife had been shot; and he did not see any blood. Id. However, later in the conversation, Elliott, crying, told the dispatcher that he did not think his wife was breathing.
[13] As the 911 call continued, the dispatcher asked if Donita had any weapons, and Elliott replied that his wife had a knife and that it was lying next to her body. The dispatcher attempted to instruct Elliott in rendering medical assistance to Donita, but Elliott indicated that he was unsure how to assist her. Elliott told the dispatcher that he knew his wife was going to try to kill him because she "said she was gonna[,]" and that "it all happened so fast." Id. The dispatcher asked Elliott if he could perform chest compressions on Donita. Elliott answered in the affirmative and told the dispatcher that he was performing the compressions. Approximately nine minutes into the 911 call, the dispatcher told Elliott to exit the house with his hands up for the benefit of the responding authorities.
[14] The police and medics arrived at the scene, and Donita was transported to the hospital. She arrived alive but died later that morning from a gunshot wound
to her chest.
[15] At approximately 5:00 a.m. the morning of the shooting,...
To continue reading
Request your trial
-
Glasgow v. State
... ... anything about them that makes them more or less egregious ... than the typical burglary ... [¶12] ... In reviewing Glasgow's character, we engage in a broad ... consideration of his qualities. Elliott v. State, ... 152 N.E.3d 27, 40 (Ind.Ct.App. 2020), trans. denied ... An offender's character is shown by his "life and ... conduct." Adams v. State, 120 N.E.3d 1058, 1065 ... (Ind.Ct.App. 2019). "When considering the character of ... the offender, one relevant fact ... ...
-
Payne v. State
... ... unavoidable). In short, nothing about Payne's offense ... suggests that a five-year executed sentence is inappropriate ... [¶24] ... When examining Payne's character, we engage in a broad ... consideration of her qualities. Elliott v. State, ... 152 N.E.3d 27, 40 (Ind.Ct.App. 2020), trans. denied ... An offender's character is shown by his or her "life ... and conduct." Adams v. State, 120 N.E.3d 1058, ... 1065 (Ind.Ct.App. 2019). Payne admitted drinking "three ... to five times per week," that ... ...