Jefferson v. State, 031219 INCA, 18A-CR-1836

Docket Nº:18A-CR-1836
Opinion Judge:Barteau, Senior Judge.
Party Name:Antoine A. Jefferson, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff.
Attorney:ATTORNEY FOR APPELLANT Ernest P. Galos South Bend, Indiana ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ellen H. Meilaender Supervising Deputy Attorney General Indianapolis, Indiana
Judge Panel:Najam, J., and Brown, J., concur.
Case Date:March 12, 2019
Court:Court of Appeals of Indiana
 
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Antoine A. Jefferson, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff.

No. 18A-CR-1836

Court of Appeals of Indiana

March 12, 2019

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.

Appeal from the St. Joseph Superior Court The Honorable Elizabeth C. Hurley, Judge Trial Court Cause No. 71D08-1710-MR-14

ATTORNEY FOR APPELLANT Ernest P. Galos South Bend, Indiana

ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Ellen H. Meilaender Supervising Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Barteau, Senior Judge.

Statement of the Case

[¶1] Antoine Jefferson appeals his conviction of murder, a felony.1 We affirm.

Issue

[¶2] Jefferson raises one issue, which we restate as: whether the trial court abused its discretion in rejecting Jefferson's proposed jury instructions regarding alleged lesser included offenses.

Facts and Procedural History

[¶3] On October 21, 2017, Everett Harper, age sixty-five, was visiting his daughter, Shakisha Martin, at the motel room she shared with her then-boyfriend in South Bend, Indiana. All three drank alcohol. Harper drank too much and was talking loudly. Martin's boyfriend asked Harper to leave, but he refused.

[¶4] Martin's cousins, Adrian Evans and thirty-year-old Antoine Jefferson, arrived at the motel room in the late morning or early afternoon. Evans wanted to talk with Martin's boyfriend about fixing one of Evans' vehicles. Martin gave Jefferson some beer and a cup of liquor.

[¶5] Harper continued to drink alcohol and talk loudly as he sat on the air conditioning unit. He talked about "nonsense," such as things that occurred when he lived in Detroit and when Martin was younger. Tr. Vol. 2, p. 58. Jefferson, Martin, and Martin's boyfriend wanted Harper to leave the motel room, but he refused, claiming he had helped to pay for the alcohol and wanted to keep drinking. Harper also argued with Jefferson as Jefferson tried to listen to a song. However, Harper did not threaten Jefferson. In addition, Martin, Evans, and Martin's boyfriend were not scared of Harper. He did not have a handgun.

[¶6] At one point, Jefferson asked Martin to accompany him to the parking lot. Jefferson retrieved a handgun from Evans' vehicle and showed it to Martin. When they returned to the motel room, Jefferson brought the handgun with him and laid it on the bed. Martin was scared because she thought "something [was] going to happen." Id. at 29.

[¶7] Ten minutes later, as Harper kept talking, Jefferson brandished the handgun and told him, "don't say one more thing to me." Id. Harper kept talking. Jefferson shot Harper multiple times and fled from the room with Evans. Harper fell off the air conditioner and slumped over into a corner of the room. Evans and Jefferson left the motel in Evans' vehicle while Martin called 911.

[¶8] At around 2:40 p.m., Corporal Ronald Glon of the South Bend Police Department overheard a radio report of a shooting at a motel near his location. He drove to the motel, where he was directed to Martin's room. Corporal Glon found Harper slumped over in the corner of the room. He also saw spent shell casings on the floor. Corporal Glon checked Harper for a pulse and did not find one. Medics entered the room and determined Harper was dead.

[¶9] An autopsy later revealed that Jefferson had shot Harper at least six times. Harper had sustained a total of eight gunshot wounds, meaning that at least one of the bullets had exited and then reentered his body in a different location. One of the bullets had pierced Harper's heart, which resulted in "[i]mmediate incapacitation and death." Tr. Vol. 3, p. 27. A toxicology screen showed that Harper's blood alcohol content was three times the legal...

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