Lewis v. State
| Decision Date | 31 August 2012 |
| Docket Number | No. 02A03–1201–CR–18.,02A03–1201–CR–18. |
| Citation | 973 N.E.2d 110 |
| Parties | Roderick Vandrell LEWIS, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from the Allen Superior Court The Honorable Frances C. Gull, Judge; Cause No. 02D06–1102–MR–2.
Stanley L. Campbell, Fort Wayne, IN, Attorney for Appellant.
Gregory F. Zoeller, Attorney General of Indiana, Andrew R. Falk, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.
Roderick Vandrell Lewis appeals his convictions for two counts of felony murder.1 Lewis raises one issue, which we restate as whether the evidence is sufficient to sustain his convictions. We affirm.
The facts most favorable to Lewis's convictions follow. On June 29, 1999, Christopher Hale had a conversation with sixteen year old Richard Rogers in the presence of Angela Lawson during which Rogers asked Hale to visit a drug house in Fort Wayne, Allen County, Indiana, operated by Rogers and fourteen year old Sidney Wilson. Hale declined because he and Wilson were having problems, and Rogers stated that he “would talk to [Wilson] to squash it.” Transcript at 83. Sometime later in the evening, Hale, Lewis, and Kajuanta Mays asked Lawson to visit the drug house and inform them who was inside, and Hale gave Lawson twenty dollars. Lawson went to the house, bought a rock of crack cocaine, returned to the men, and informed them that Rogers and Wilson were the only persons in the house. Hale, Lewis, and Mays decided to visit the house and obtain drugs. Lewis knew of the men's intentions to take the drugs they wanted and that he “was going to get something out of it.” Id. at 361. Lewis, Hale, and Mays planned for Hale to arrive at the house first and for Lewis and Mays to arrive later so that it would appear to be happenstance that all three men were at the house at the same time so that Wilson and Rogers would not believe that the men meant to harm them.
At some point, the three men entered the house and started smoking and drinking with Wilson and Rogers. Lewis was armed with a .38 special revolver, and Hale, who Lewis described as a violent person who had had a lot of problems with people, was armed with a nine millimeter firearm. Hale stated that he had to use the restroom and went upstairs, and Wilson and Rogers sat downstairs. While Wilson was sitting on a couch, Hale walked down the stairs and stated “die bitch” while shooting his nine millimeter at Wilson. Id. at 97. Hale shot Wilson five times, including in his chest, abdomen, left armpit, left leg, and the middle of his back. Rogers and Lewis both “started going for” a shotgun that was in the room, and Hale turned out the lights in the room and told Rogers to “sit down mother f––––r.” Id. at 304, 354. Hale told Lewis to kill Rogers, and Lewis stated that he would not do it, handed his .38 revolver to Mays, and stated “if you want it ... you do it.” Id. at 304. Mays then shot Rogers five or six times, including several times in the head from a distance of six to eighteen inches.
Lawson, who was returning to the house to purchase additional drugs, observed Lewis, Hale, and Mays running away from the house. Lewis took the shotgun from the house with him. Lewis, Hale, Mays, and Lawson entered another house, went into the basement, and Lewis, Hale and Mays split up the money and drugs they had taken from the drug house. The men gave Lawson some drugs to pay a person for a ride to a hotel. Lawson arranged for a ride, and the driver was given approximately seven rocks of crack, which the driver recognized to be from the house of Wilson and Rogers. Lewis, Hale, Mays, and Lawson entered a hotel room, and the men “were sittin around laughin' and talkin” and discussing and describing the shootings. Id. at 97. At some point that night, Lawson and Lewis had sex or oral sex. At some point, Lewis's uncle buried the .38 revolver and it was later exhumed. Lewis went to Arizona and returned to Indiana, and in March 2001 police stopped Lewis, Hale, and Mays and discovered the revolver in their vehicle.
On February 25, 2011, the State charged Lewis with Count I, felony murder for the death of Rogers; Count II, felony murder for the death of Wilson; Count III, robbery of Rogers as a class A felony; and Count IV, robbery of Wilson as a class A felony. A jury found Lewis guilty on all counts. The court sentenced Lewis to sixty-five years each for his convictions under Counts I and II, merged Count III into Count I and Count IV into Count II, and ordered the sentences under Counts I and II to be served consecutive to each other for an aggregate sentence of 130 years.
The issue is whether the evidence is sufficient to sustain Lewis's convictions. When reviewing the claim of sufficiency of the evidence, we do not reweigh the evidence or judge the credibility of the witnesses. Jones v. State, 783 N.E.2d 1132, 1139 (Ind.2003). We look only to the probative evidence supporting the verdict and the reasonable inferences therein to determine whether a reasonable trier of fact could conclude the defendant was guilty beyond a reasonable doubt. Id. If there is substantial evidence of probative value to support the conviction, it will not be set aside. Id.
Lewis maintains that the evidence was insufficient to support his felony murder convictions and the underlying robbery. Lewis acknowledges that he had some notion that Hale and Mays intended to rob Rogers and Wilson of their drugs and money but contends that the evidence was insufficient for a jury to have determined from his actions or words that he possessed the intent to assist Hale and Mays in a robbery, that he aided, induced, or caused Hale or Mays to shoot and kill Rogers and Wilson, or that the deaths of Rogers and Wilson were a natural and probable consequence of any robbery attempt. The State argues that Lewis's conduct before the crimes took place, his active involvement in the crimes, his refusal to stop his companions from committing the offenses, and his conduct after the robbery and murders all permitted the jury to conclude that Lewis was an accomplice in the crimes and that the jury could reasonably have concluded that violence and murder would be the natural and probable consequence of a robbery based upon the fact that Lewis and his companions were armed and that there was bad blood between Wilson and Hale.
Ind.Code § 35–42–1–1 provides that a person who “kills another human being while committing or attempting to commit ... robbery ... commits murder, a...
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Lewis v. Zatecky, 20-1642
...1144 (Ind. Ct. App. 2018). That court in turn relied on the facts it had reported on direct appeal, see Lewis v. State (Lewis I ), 973 N.E.2d 110 (Table), (Ind. Ct. App. 2012), but we can largely disregard that detail.The case involved a toxic mixture: drugs, robbery plans, guns, and immatu......