Paul v. State
| Decision Date | 15 June 2022 |
| Docket Number | 21A-CR-1704 |
| Parties | Jamesley Paul, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff. |
| Court | Court of Appeals of Indiana |
Appeal from the Allen Superior Court The Honorable Frances C. Gull Judge Trial Court Cause No. 02D05-2003-MR-9
ATTORNEY FOR APPELLANT
Fort Wayne, Indiana
ATTORNEYS FOR APPELLEE
Theodore E. Rokita
Attorney General of Indiana
Samuel J. Dayton
Deputy Attorney General
Indianapolis, Indiana
Case Summary[1]
[¶1] Jamesley Paul appeals his convictions for murder, two counts of felony murder, and attempted robbery. Paul was convicted after a jury trial. Paul now claims that the trial court erroneously admitted evidence stemming from a traffic stop of a vehicle in which Paul was a passenger and that the trial court erred in issuing certain jury instructions. We disagree with both of Paul's contentions and, thus, affirm.
[¶2] Paul raises two issues for our review:
[¶3] On the night of February 25, 2020, Meng Kem opened his door to find Kyaw Hlang, a friend and former roommate. Hlang indicated that he wanted to talk, and Kem let Hlang into the house. Two more men-wearing bandanas over their faces-entered. Hlang and one of the other men, later identified as Jamesley Paul, ordered Kem and the other two occupants of the living room, Mon Ong, Kem's roommate, and Brooke Wendel, Kem's girlfriend, to get down on the floor. Accounts differ as to whether each of the men was carrying a gun or whether there was only one gun.
[¶4] The men asked Kem where he kept his money. Kem indicated that a gold box under his coffee table contained drugs and $1, 500.00 in cash. Hlang then fatally shot Wendel in the head. One of the masked men fatally shot Ong in the chest. The same masked man who killed Ong then shot Kem through the neck; Kem survived though he was temporarily paralyzed. The robbers then absconded with the gold box.
[¶5] Shortly thereafter, Kem's friend arrived, discovered the gruesome scene, and called 911. Kem, injured but still conscious, reported to police that Hlang was one of the assailants and gave partial descriptions of the other two men to the police. Kem also provided an address on Victoria Drive that he believed was associated with Hlang.
[¶6] Later that night, at approximately 2:30 a.m., Detective Jean Paul Gigli of the Fort Wayne Police was surveilling the Victoria Drive residence. Detective Gigli was parked approximately one block away and observed an SUV pull up in front of the home and park in the middle of the street. Suspicious of the vehicle, Detective Gigli pulled out and approached in his fully marked squad car. The SUV headed in the opposite direction, and the two cars passed one another. The SUV turned around at a dead end, and the vehicles passed one another again. Detective Gigli radioed dispatch for backup and then conducted a traffic stop.
[¶7] Detective Gigli later stated that the SUV had committed no traffic violations and that he stopped the vehicle because he found it suspicious that the car had stopped in front of the home that he was surveilling. Three people were in the SUV, including Paul, who was in the front passenger seat. Paul's cousin- Kerwins Lewis-was also in the car and was alleged to have been the third robber, though he had disappeared by the time of Paul's trial.[2] Detective Gigli smelled marijuana[3] and searched the vehicle with the consent of the driver, referred to in the record as Eddyson Francois. Drugs were recovered, and a nine-millimeter-handgun holster was discovered in the glove compartment. Paul was released at the scene.
[¶8] The following morning, Detective Shane Heath was surveilling the Victoria Drive address at approximately 8:00 a.m. when he observed a silver Honda pull into the driveway and park in the garage. A Nissan pulled in behind the Honda in the driveway. The driver of the Honda got into the Nissan, which pulled out and drove away, while fishtailing down the street. Officers conducted a traffic stop of the Nissan, and Hlang was located in the car. A search of the vehicle revealed a nine-millimeter-handgun, which was later confirmed to have been used during the home invasion.[4] Hlang was detained and agreed to speak with police. During that conversation, Hlang admitted to police that he had been with Paul at the time of the crimes. Hlang eventually entered into a plea agreement after the State filed charges related to the robbery and homicides.[5]
[¶9] Paul was located and detained shortly after Hlang reported Paul's involvement in the shootings. Initially, Paul denied all knowledge of the crimes, but eventually he admitted that he was present. Paul claimed that he initially went to Kem's house to purchase cannabis and that he ran away when "everything went wrong." St. Ex. 105 at 13:40. On March 3, 2020, the State charged Paul with two counts of murder, a felony; two counts of felony murder, felonies; and attempted robbery, a Level 5 felony. Additionally, the State alleged the use of a firearm during the commission of the offenses.
[¶10] On December 9, 2020, Paul filed a motion to exclude "testimony or evidence that Jamesley Paul was stopped as a passenger in a motor vehicle on Kenwood Avenue on February 26, 2020[, ] at approximately 2:33 A.M. because the stop by police was not based on reasonable suspicion and because Mr. Paul was subject to an illegal search and seizure." Appellant's App. Vol. II p. 64. After a hearing, the trial court denied Paul's motion. The trial court found:
Based on the totality of the circumstances, Office[r] Gigli had reasonable suspicion to act. He was aware of a very recent ongoing homicide investigation and that a potential suspect in that investigation was connected to the residence at 4210 Victoria Drive. He proceeded to the area of that residence, which he described as a quiet, middle-class neighborhood, not too many calls for service, with not much traffic at that time of night (approximately 2:30 a.m.). He observed unusual activity when he set up surveillance with a vehicle (SUV) that pulled up to the residence at 4210 Victoria and stopped in the middle of the street. No one exited or entered the vehicle or any residence in the area. The officer testified that given the time of night, the area, and the vehicle stopping in front of the suspect [sic] residence (of the homicide) he maintained surveillance for several minutes. When he pulled out of his location to get behind the SUV, the SUV pulled away. Officer Gigli testified he believed the vehicle moved when occupants saw the squad car. The Officer then testified that the SUV engaged in "avoidance behavior." Based upon the officer's experience, his familiarity with the neighborhoods, and the quite-recent information regarding a homicide, Officer Gigli had specific and articulable facts giving him reasonable suspicion to stop the vehicle.
[¶11] Paul's trial began on June 8, 2021. Prior to the beginning of Detective Gigli's testimony, Paul's attorney asked for a bench conference and stated: "I'm gonna [sic] raise an objection for the same reasons as the suppression hearing." Tr. Vol. II p. 137. The trial court responded: "[C]an we just show this as a continuing objection, so you don't have to keep popping up every time? . . . I'll just show this is a continuing . . . objection, which I will overrule based on the hearing that we had already." Id. at 138. Detective Gigli testified consistently with the trial court's prior findings and conceded that the driver of the SUV did not commit any traffic violations.
[¶12] Bobby Revel-a "jailhouse snitch"-testified that Paul revealed details of the home invasion and shootings over a period of several weeks in a series of jail conversations. Revel learned from Paul that Hlang entered the home first and, after an argument, shot Wendel in the head. Because Kem and Ong were witnesses, they needed to be eliminated. Paul took the gun[6] and shot Kem and Ong. The State argued that Revel knew details of the crimes that he could have known only from Paul.
[¶13] Hlang, who had already been convicted and sentenced by this point, testified that he had falsely accused Paul of being involved in the crimes and that he had done so out of spite. Hlang claimed responsibility for all of the shootings.
[¶14] During the jury instructions conference, prior to the conclusion of the State's case, Paul did not object to any of the jury instructions. After closing arguments, the trial court asked Paul and the State if they had any objections to the jury instructions, and both parties replied, "No." Tr. Vol. III p. 158.
[¶15] The trial court issued, inter alia, the following jury instructions:
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