Ford v. State
| Decision Date | 13 November 2020 |
| Docket Number | 19A-CR-2588 |
| Parties | Fredrick Lee Ford, Jr., Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff |
| Court | Court of Appeals of Indiana |
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata collateral estoppel, or the law of the case.
Attorney for Appellant Deborah Markisohn Marion County Public Defender Agency Indianapolis, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Jodi Kathryn Stein Deputy Attorney General Indianapolis, Indiana
[¶1] Fredrick Lee Ford, Jr., appeals following his conviction of murder.[1] He raises two issues on appeal, which we revise and restate as: (1) whether the trial court committed reversible error when it admitted into evidence portions of Ford's recorded police interrogation, and (2) whether the trial court's written order erroneously ordered Ford to pay a $100 supplemental public defender fee. We affirm Ford's conviction and remand for correction of the court's clerical error.
[¶2] Ford and Catrina Russell began dating in August 2017, and Ford moved into Russell's apartment shortly thereafter. In January 2018, Russell went on a cruise with an older male friend, Ronnie Rudolph, and Rudolph's adult daughter. Ford began to suspect that Russell and Rudolph were romantically involved. On Friday, January 26, 2018, Dontoria Gilbert, Russell's adult daughter, visited Russell at Russell's apartment, and Ford called Russell while Gilbert was visiting. Gilbert heard Ford "hollering" at Russell over the telephone, and Russell asked Gilbert to get on the phone to assure Ford that Russell was not lying to him about where she was. (Tr. Vol II at 153.) Later that day, Russell told Ford that he needed to find a new place to live.
[¶3] Around 3:00 pm on Sunday, January 28, 2018, customers at the New York Express convenience store located at the corner of Rural Street and New York Street in Indianapolis observed a dark Lexus sedan, later identified as Russell's vehicle, pull into the parking lot. Aranda Rodriguez, Silvia Martinez, and their children were at the New York Express and observed an African American couple arguing in the Lexus. The female was in the driver's seat and the male was in the passenger seat. Rodriguez and Martinez then heard a gunshot. They saw the woman's body, later identified as Russell, get pushed out of the vehicle. The Lexus backed over the woman's body, went forward again over her body, and then left the convenience store parking lot. A camera installed by the City of Indianapolis at the intersection of Rural Street and 10th Street captured the Lexus travelling north on Rural Street. Martinez took pictures of the car and its license plate with her phone and called 911. Russell had a gunshot wound to her head and died at the scene.
[¶4] Sometime between 3:00 pm and 5:00 pm that same day, Ford visited his friend Reginald Batts at Batts' house in the 1600 block of Gladstone Avenue. Batts did not expect a visit from Ford that afternoon. Ford told Batts that his car stopped running and "he spilt a bunch of Ketchup on him in the car." (Id. at 242.) Ford talked about how Russell "was probably playing around on him" and called her a "gold digger or something." (Id.) Ford used Batts' bathroom to try to wash the stains off his pants. Ford then used Batts' phone to call for a ride and left Batts' house. Ford did not return to the apartment he shared with Russell to collect his possessions after Russell's death. Ford also did not answer phone calls from Russell's father after Russell died, even though Ford had talked regularly with Russell's father when Russell was alive.
[¶5] Roughly a mile from the New York Express and near Batts' residence, Indianapolis Metropolitan Police Department ("IMPD") officers found Russell's vehicle running, with significant blood staining inside the vehicle. Marion County Crime Lab analysis found most of the blood matched Russell's DNA profile. Officers found Russell's cell phone inside the vehicle, and near the vehicle, officers found Russell's purse, a black leather jacket, a black stocking cap, and Russell's 357 magnum revolver. The revolver contained one fired cartridge and four unfired cartridges. Crime Lab analysis revealed DNA found on the gun belonged to Russell and an unidentified male.
[¶6] Detective Harry Dunn met with Gilbert and Gilbert's father after Russell's death, and then he attempted to contact Ford. Ford did not return Detective Dunn's phone calls, but he did come for an interview at the IMPD homicide office on February 2, 2018. At the beginning of the interview, Detective Dunn read Ford his Miranda rights, [2] and Ford signed a form waiving those rights. Ford told Detective Dunn that on the day of Russell's death, Ford got off work and returned to the apartment he shared with Russell. Ford and Russell left the apartment to grab something to eat. Russell drove with Ford in the passenger seat. According to Ford's account, near the intersection of 35th Street and Keystone Avenue, Russell told Ford "to get out, [she] didn't like [Ford's] attitude and this and that[.]" (Ex. 113 at 7:39 to 7:41; Ex. 113A at 3.) Ford told Detective Dunn that he left his phone, keys, and debit card in the vehicle, but he exited the car and flagged down a stranger. The stranger then drove Ford to an area near Ford's sister's house. Ford said he then ran into his nephew and his nephew gave him some clothes. Ford's nephew and some of his nephew's friends then drove Ford to a hotel and paid for his room. When Detective Dunn asked Ford questions about the hotel, Ford gave only a general location. He could not name the hotel, nor could he say when he arrived at the hotel. Detective Dunn asked Ford additional questions, including why Ford did not contact law enforcement after finding out about Russell's death:
(Ex. 113 at 16:42 to 18:24; Ex. 113A at 9-10.)
[¶7] Detective Dunn then continued to ask Ford questions, including questions about whether Ford's DNA would be on various items Russell owned.
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