Pugh v. State, No. 49A02–1506–CR–483.

Docket NºNo. 49A02–1506–CR–483.
Citation52 N.E.3d 955
Case DateMay 10, 2016
CourtCourt of Appeals of Indiana

52 N.E.3d 955

Michael PUGH, Appellant–Defendant
v.
STATE of Indiana, Appellee–Plaintiff.

No. 49A02–1506–CR–483.

Court of Appeals of Indiana.

May 10, 2016.


52 N.E.3d 960

Matthew D. Anglemeyer, Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

SHARPNACK, Senior Judge.

Statement of the Case

1] Michael Pugh appeals his convictions of two counts of rape,1 both Class A felonies; one count of attempted criminal deviate conduct,2 a Class A felony; one count of robbery,3 a Class B felony; three counts of carjacking,4 all Class B felonies; one count of robbery, a Class A felony; one count of robbery, a Class C felony; and one count of burglary,5 a Class A felony. We affirm.

Issues

[2] Pugh presents six issues for our review, which we consolidate and restate as:

I. Whether the trial court abused its discretion by admitting evidence obtained as a result of an alleged unlawful seizure of Pugh.

II. Whether there was sufficient evidence to convict Pugh as an accomplice of rape, attempted criminal deviate conduct, and carjacking.

III. Whether Pugh's convictions of three counts of robbery violate the single larceny rule.

IV. Whether Pugh's two rape convictions constitute a single offense under the continuing crime doctrine.

[52 N.E.3d 961

V. Whether the trial court erred in denying Pugh's motion for a mistrial.

Facts and Procedural History

3] Beginning in the late evening hours of October 28, 2013, and into the early morning hours of October 29, 2013, Pugh, Trae Spells, Alexander Dupree, Adrian Anthony, and Demetre Brown were hanging out at an apartment at 34th and Meridian Streets in Indianapolis. During their time together, these men drank alcohol, smoked marijuana laced with embalming fluid, and consumed Spice6 and pills. At some point, the five men left the apartment and drove to a liquor store in a Thunderbird that Pugh had borrowed. At the liquor store they bought a bottle of peach vodka that everyone in the car shared. They then drove to a neighborhood where they obtained cocaine. They all used the cocaine, drove back to the liquor store for more alcohol, and then drove to a party. Eventually the five men left the party taking Isaiah Hill with them.

[4] That same night, a family consisting of a husband, wife, and adult daughter, living in a home on the northeast side of Indianapolis, did not close their overhead garage door nor lock the access door from the garage to the home when they went to bed. At approximately 5:15 a.m., after having consumed the alcohol and drugs, the carload of men drove through the neighborhood and noticed the open garage door. The men parked down the street and walked up the driveway of the house and into the garage. Once in the garage, the men each took gloves they found in the garage and put them on, except Spells who had his own gloves. Pugh opened the unlocked access door to the house, and the group entered the home. Brown and Anthony had guns, and the gun carried by Brown belonged to Pugh.

[5] The men went upstairs where the bedrooms were located, and Anthony went into the room of the husband and wife wielding his gun. The husband and wife were awakened by the bedroom light being turned on and male voices around their bed repeatedly yelling for cash, cell phones, and guns and threatening them that if they lied or failed to keep their heads down, they would be killed. The daughter, in her bedroom, awoke to people yelling for cash in her parents' bedroom. She took her purse into their bedroom and handed it to the first person she came upon hoping to placate the intruders. Spells and Brown escorted her back to her bedroom and told her to lie face down on her bed while they searched her room for items to steal. One of them told the daughter she had “a nice butt,” and someone touched her leg and then moved his hand up her leg and inside her shorts to touch her vaginal area. Tr. p. 173. The men asked the daughter if she had any money, and she responded that she had a student loan of $9,000 in her bank account.

[6] The husband, who has a neurological disorder that makes it very difficult for him to walk without braces on his legs, was told to stay in bed with the sheet over his head. At one point, the men asked the husband a question and, when he did not respond quickly enough, they hit him over the head with the drawer of the nightstand saying that when they asked a question they expected an answer right away.

[52 N.E.3d 962

[7] Meanwhile, the wife attempted to get to the phone in an upstairs office to call 911, but as she was running down the hallway Anthony shot her in the hip. Bleeding from the wound, the wife was taken downstairs and walked out to one of the family's cars. Again, she attempted to run for help, but she tripped and fell. She was tackled and dragged back into the house where Anthony shot her in the foot. She fell to the floor, and one of the men kicked her in the head so hard she saw blue and stars.

8] Having been shot twice and kicked in the head, the wife was then taken out to one of the family's cars and put in the back seat with Anthony, while another of the men drove the car to an ATM. On the drive, the men showed the wife the ATM card they had taken from the house. She told them the card was her daughter's and that she did not know the pin number, so the men turned around and drove back to the house. On the way, Anthony pulled down the wife's pants and attempted anal intercourse while he was groping her body with his hands. When that proved unsuccessful, Anthony turned the wife around and forced her to perform fellatio. When he ejaculated into her mouth, he threatened her, “You better swallow or I'll kill you.” Id. at 111. The wife yielded to the threat. Anthony checked her mouth and then wiped out her mouth with a piece of cloth.

[9] After returning to the house and getting the husband's ATM card, the wife was forced to drive the car back to the ATM with Anthony in the front passenger seat holding a gun on her. During the drive, the wife initiated a personal conversation with Anthony in an attempt to “make him think about what he was doing” and make him realize that it “wasn't something that he had to be doing.” Id. at 117. The wife withdrew $800 at the ATM and was told to get more in a second transaction, but that transaction was denied. Anthony also told the wife to tell his cohorts that the amount she was able to withdraw was $500.

[10] Following the ransacking of the daughter's room, Spells led her downstairs to the kitchen area, sat her in a kitchen chair, and told her to keep her eyes shut or she would be shot. Hill grabbed the daughter by her hair and forced her into a small bathroom off the kitchen. Dupree also went into the bathroom. Hill sat on the toilet and Dupree sat on the sink. While Dupree forced the daughter to perform fellatio, Hill attempted to have forced vaginal intercourse with her from behind. When Dupree was finished, Hill took the daughter into the den and put her on a couch. Spells, Dupree and Brown followed them into the den. Hill then forcibly had vaginal intercourse with the daughter while commanding her “[M]oan, bitch.” Id. at 204. When Hill finished, Dupree attempted anal intercourse, but was unsuccessful. Dupree then forced vaginal intercourse on the daughter. When Dupree finished, Brown moved the daughter from the couch to the floor and then forced vaginal intercourse on her. Spells left the den and went to the stairs where he encountered Pugh. Pugh asked what was happening, and Spells told him the men were having sex with the daughter, which Pugh said he did not believe. Pugh instructed Spells to go upstairs to the second floor to guard the husband, and he continued on down the stairs. Spells went upstairs, checked on the husband, and then returned to the first floor. When Spells returned to the den, Brown finished and told Spells to “get some.” Id. at 1028. Initially Spells declined but then went ahead and had vaginal intercourse with the daughter.

[52 N.E.3d 963

[11] When the wife and Anthony returned to the house, the daughter was being led out to a car. The wife asked to be allowed to go with her daughter or to go in her stead because she could see that her daughter was upset and she knew her daughter was not good with directions. Her plea was refused, and she was taken into the house and told to lie down in the entryway.

12] Anthony then took the daughter to the ATM at gunpoint. While she was withdrawing the money, he reached across the seat and began touching her vagina. At a stoplight on the return trip, Anthony demanded that the daughter kiss him.

[13] Meanwhile, as the wife was lying in the entryway, the voices and noise gradually decreased. As the wife started to get up to go for help, the front door opened, and her daughter and Anthony entered. Anthony asked where the other men were, and the wife told him they were gone. Anthony took the women upstairs to the master bedroom, told them to lie down on the floor, and left the house. The men took three of the family's four cars that they had loaded with items from the house and then transferred the stolen items to a shed behind Dupree's mother's house.

[14] The next day, officers investigating the home...

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9 practice notes
  • Parker v. State, 21A-CR-1643
    • United States
    • Indiana Court of Appeals of Indiana
    • September 22, 2022
    ...armed with a knife and a handgun; the suspects pistol-whipped the victims and threatened to stab them with a knife. See Pugh v. State, 52 N.E.3d 955, 966 (Ind.Ct.App. 2016) (concluding that the extent of law enforcement needs were great where police were investigating a violent home invasio......
  • Jacobs v. State, No. 49A02–1601–CR–19.
    • United States
    • Indiana Court of Appeals of Indiana
    • November 7, 2016
    ...entails at least a minimal level of objective justification that is more than an unparticularized suspicion or hunch.” Pugh v. State, 52 N.E.3d 955, 964–65 (Ind.Ct.App.2016), trans. denied. “Even if justified, a reasonable suspicion only permits the officer to temporarily freeze the situati......
  • Madden v. State, Court of Appeals Case No. 20A-CR-196
    • United States
    • Indiana Court of Appeals of Indiana
    • January 12, 2021
    ...necessary that the evidence show the accomplice personally participated in the commission of each element of the offense. Pugh v. State , 52 N.E.3d 955, 966 (Ind. Ct. App. 2016), trans. denied. A person who aids another in committing a crime is just as guilty as the actual perpetrator. Id. ......
  • Perry v. State, Court of Appeals Case No. 02A04-1608-CR-1890
    • United States
    • Indiana Court of Appeals of Indiana
    • May 11, 2017
    ...for mistrial. "A mistrial is an extreme remedy warranted only when no other curative measure will rectify the situation." Pugh v. State , 52 N.E.3d 955, 971 (Ind. Ct. App. 2016), trans. denied . "To prevail on appeal from the denial of a motion for mistrial, the defendant must establish tha......
  • Request a trial to view additional results
9 cases
  • Parker v. State, 21A-CR-1643
    • United States
    • Indiana Court of Appeals of Indiana
    • September 22, 2022
    ...armed with a knife and a handgun; the suspects pistol-whipped the victims and threatened to stab them with a knife. See Pugh v. State, 52 N.E.3d 955, 966 (Ind.Ct.App. 2016) (concluding that the extent of law enforcement needs were great where police were investigating a violent home invasio......
  • Jacobs v. State, No. 49A02–1601–CR–19.
    • United States
    • Indiana Court of Appeals of Indiana
    • November 7, 2016
    ...entails at least a minimal level of objective justification that is more than an unparticularized suspicion or hunch.” Pugh v. State, 52 N.E.3d 955, 964–65 (Ind.Ct.App.2016), trans. denied. “Even if justified, a reasonable suspicion only permits the officer to temporarily freeze the situati......
  • Madden v. State, Court of Appeals Case No. 20A-CR-196
    • United States
    • Indiana Court of Appeals of Indiana
    • January 12, 2021
    ...necessary that the evidence show the accomplice personally participated in the commission of each element of the offense. Pugh v. State , 52 N.E.3d 955, 966 (Ind. Ct. App. 2016), trans. denied. A person who aids another in committing a crime is just as guilty as the actual perpetrator. Id. ......
  • Perry v. State, Court of Appeals Case No. 02A04-1608-CR-1890
    • United States
    • Indiana Court of Appeals of Indiana
    • May 11, 2017
    ...for mistrial. "A mistrial is an extreme remedy warranted only when no other curative measure will rectify the situation." Pugh v. State , 52 N.E.3d 955, 971 (Ind. Ct. App. 2016), trans. denied . "To prevail on appeal from the denial of a motion for mistrial, the defendant must establish tha......
  • Request a trial to view additional results

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