Jones v. State
| Decision Date | 05 April 1989 |
| Docket Number | No. 49S00-8803-CR-361,49S00-8803-CR-361 |
| Court | Indiana Supreme Court |
| Parties | Deborah JONES, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below). |
George K. Shields, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant Deborah Jones was found guilty by a jury in Marion County Superior Court Criminal Division 6 of two counts of Attempted Murder, a Class A felony, and one count of Carrying a Handgun Without a License, a Class A misdemeanor. The trial court sentenced her to a term of twenty (20) years on each of the attempted murder charges and one (1) year on the handgun violation, all sentences to be served concurrently. Jones raises two issues for our consideration in this direct appeal as follows:
1. sufficiency of the evidence; and
2. improper admission of photographic evidence.
The evidence tended to disclose that on the evening of December 2, 1986, Jones came to the home of her mother and step-father at 6813 Westfield Boulevard in Indianapolis, Marion County, Indiana. The purpose of her visit was to see her infant son who was being cared for by her mother, Bessie Pumel. Jones had lived in her mother's home on previous occasions but did not reside there at the time of this visit. Bessie let Jones in the house and then went to the playpen to talk to the baby. Bessie picked up the baby to change its diaper while Jones was sitting on the couch. As Bessie stood up, holding the child, Jones walked up behind her and Bessie suddenly felt a hot explosion in her back. She fell forward with the baby still in her arms. Jones then stood over Bessie and pointed the gun at her head. Bessie put her hands over her head for protection and next felt a hot explosion in her hand. Bessie testified she felt and heard the bullet enter her head and also heard one other shot fired. Meanwhile, Bessie's husband, Virgil Pumel, was downstairs with his son Charles when they heard the gunshots. They ran upstairs through the kitchen and into the living room. Virgil observed Jones standing over Bessie with the gun pointed at her. He said Jones was laughing hysterically. He observed wounds on Bessie that were consistent with gunshot wounds. He ran toward Jones and she shot at him but missed. Virgil then dived and tackled Jones. She struck him in the face with the gun, cutting his eye and nose, but he finally knocked the gun out of her hand and got her out of the house. He locked the door and called the police and an ambulance. Jones was later arrested while in her car and the car was towed away. While making an inventory search of the automobile, the police found a shotgun with gun case in the trunk, live twenty-two caliber cartridges in clothing and boxes, spent twenty-two caliber casings in paper bags, a holster behind the driver's seat, and National Rifle Association targets in the back. These items were photographed by the police.
Jones' only claim of insufficiency is that the State did not prove beyond a reasonable doubt she had the requisite intent for the attempted murder of either her mother or step-father.
The requisite intent for attempted murder may be inferred from the use of a deadly weapon in a manner likely to cause death or great bodily harm. Johnson v. State (1983), Ind., 455 N.E.2d 932, 936. In considering a challenge to sufficiency, we neither reweigh the evidence nor judge the credibility of witnesses. This court examines only the circumstantial and direct evidence most favorable to the State together with all reasonable inferences to be drawn therefrom. If there is substantial evidence of probative value to support the conclusion the defendant is guilty beyond a reasonable doubt, the verdict will not be set aside. Hutchinson v. State (1985), Ind., 477 N.E.2d 850, 855. It is, of course, the jury's task to weigh the evidence and determine the credibility of the witnesses. Kappos v. State (1984), Ind., 465 N.E.2d 1092, 1096.
To support her claim the State did not prove beyond a reasonable doubt she intentionally committed the crimes of attempted murder, Jones claims the evidence showed she was emotionally deficient and not capable of forming the requisite specific intent. Although the issue of Jones' mental competency during the commission of these crimes was raised at trial, Jones asserted she was not insane. Two psychiatrists who were appointed by the court to examine Jones found she was of sound mind when she committed these acts. Jones did not wish to proceed on an insanity defense, and even claimed she was not mentally ill. Instead, Jones raised the defense she did not commit these offenses. She further submits her mother and step-father's testimony contradicted that of the psychiatrists. Her mother testified she did not believe her daughter really meant to harm her and her step-father testified Jones was in an hysterical state when he saw her standing over her mother with the gun in her hand. Even if these accounts conflicted with the findings of the psychiatrist as to her mental condition at the time of commission, it presented a conflict that was in the province of the trier of fact to decide. There was ample evidence presented to justify the jury's finding Jones had the requisite intent to commit the crimes of attempted murder beyond a reasonable doubt.
Jones claims there was not sufficient evidence to sustain her conviction for carrying a firearm without a license since a provision in the code defining this crime makes an exception for a person carrying a weapon in his own dwelling. She claimed her mother's home was her dwelling since she had never completely moved out of it. Some personal items, including clothing, still remained in her mother's home and she visited there from time to time. However, during her testimony, Jones herself admitted she did not live in her mother's home and the evidence most favorable to the verdict indicated she did not. Virgil Pumel testified he owned no handgun and there was none on the premises. Shells and an empty holster for a handgun were in Jones' car when she was arrested. There was no showing Jones had a permit to carry a handgun. Her claim of insufficiency on this count fails.
Jones claims the trial court erred by...
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