Mendez v. State

• Decision Date: 24 April 1986
• Docket Number: No. 385S103,385S103
• Citation: 491 N.E.2d 532
• Parties: Gerardo MENDEZ, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 532

491 N.E.2d 532

Gerardo MENDEZ, Appellant, v. STATE of Indiana, Appellee.

No. 385S103.

Supreme Court of Indiana.

April 24, 1986.

Robert R. Garrett, Public Appellate Counsel, Crown Point, for appellant.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-Appellant, Gerardo Mendez, charged with Murder, was convicted of Voluntary Manslaughter by a jury in the Lake County Superior Court. He was sentenced to fourteen (14) years of imprisonment and now directly appeals, alleging the State failed to sufficiently disprove his claim of self-defense.

Robert Mejia was discovered in his apartment on July 31, 1984. The blood trailing through his apartment led to the bathroom where his body was found with forty-six (46) stab wounds. Detective George Bradley of the homicide division of the Gary Police Department arrested Appellant on August 1, 1984. When he went to Appellant's residence, Appellant had a bandaged hand and was eager to make a statement upon arrest. When Appellant gave his statement at the police station he indicated the following facts. He had been drinking with the victim and when they returned to the victim's apartment the victim poured two more drinks and went into the bedroom. There the victim removed Appellant's shorts and performed sodomy on him. When Appellant got up from the bed, the victim hit him on the head with one of the glasses. Appellant then went into the kitchen and got a small knife which he hid in his hand. He then shouted profanities at the victim and began stabbing him until the victim retreated to the bathroom. Appellant left via the front door and ran home.

Appellant contends that the evidence was insufficient to negate his claim of self-defense. It is well-settled in Indiana that to prevail on a claim of self-defense, the defendant must have been in a place where he had a right to be, acted without fault, and acted in reasonable fear or apprehension of death or great bodily harm. The question of whether a person is justified in using deadly force to defend himself is one for the trier of fact to determine by consideration of all the facts bearing on that issue. Dean v. State (1982), Ind., 432 N.E.2d 40, reh. denied, (emphasis added). Further, whether the State failed to negate the defense of self-defense beyond a reasonable doubt is treated in the same manner as any other challenge to the sufficiency of evidence. If there is sufficient evidence of probative value to support the conclusion of the trier of fact, then the verdict will not be disturbed. Hinkle v. State (1984), Ind., 471 N.E.2d 1088. Upon review for sufficient evidence this Court will look only to the evidence most favorable to the State and all reasonable inferences to be drawn therefrom. We neither reweigh the evidence nor judge the credibility of witnesses. Vincent v. State (1986), Ind., 489 N.E.2d 49.

In the present case there was substantial evidence of probative value from which the trier of fact could conclude, beyond a reasonable doubt, that Appellant did not act in self-defense. McCann v. State (1984), Ind., 466 N.E.2d 421. Appellant gave different versions of what transpired the evening in question. In his written statement to the police,...