Russelburg v. State

• Decision Date: 24 October 1988
• Docket Number: No. 82S00-8701-CR-13,82S00-8701-CR-13
• Citation: 529 N.E.2d 1193
• Parties: Earl Lee RUSSELBURG, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 1193

529 N.E.2d 1193

Earl Lee RUSSELBURG, Appellant, v. STATE of Indiana, Appellee.

No. 82S00-8701-CR-13.

Supreme Court of Indiana.

Oct. 24, 1988.

Terry A. White, Evansville, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Count I, Criminal Recklessness Counts II, III, and IV, Attempted Murder; and Count V, Robbery. He was sentenced as follows: Count I, six (6) years consecutive to other counts; Count II, forty (40) years consecutive to other counts; Count III, fifty (50) years concurrent to Count V and consecutive to other counts; Count IV, fifty (50) years consecutive to other counts; and Count V, forty (40) years concurrent to Count III and consecutive to other counts, for a total executed sentence of one hundred forty-six (146) years.

The facts are: Appellant, age thirty-six, spent the early portion of December 28, 1985 at the Henderson County, Kentucky homes of his brothers, playing cards and drinking various alcoholic beverages, smoking marijuana cigarettes, and ingesting muscle relaxants and pain medication "for a work-related injury." After borrowing a .22 caliber rifle and ammunition from one of his brothers, appellant went to Joe's Bar, where he drank ten or twelve "straight shots."

Despondent over the running out of his unemployment compensation benefits and over the loss of his job, his girl friend, his home, and custody of his child to his ex-wife, appellant drove his pickup truck to Atkinson Park in Henderson, Kentucky, where he unsuccessfully attempted to commit suicide. He then drove across the Henderson bridge into Evansville, Indiana while repeatedly bumping his car into the rear of the car ahead of him driven by Christopher Fortune. When Fortune stopped his car to protest, appellant's response was to fire a shot at him with the .22 rifle.

Appellant then proceeded to Garvin Street in Evansville where he twice bumped his truck into the rear of a moving car driven by Jeff Vincent, then drove around its passenger side, sideswiping it in the process. Vincent followed appellant's vehicle for approximately four blocks to get his license plate number. When appellant stopped his truck, Vincent recorded the number just before appellant fired three shots into his windshield. Vincent escaped injury and called police.

Appellant meanwhile drove to the Quick Stop Liquor Store in Evansville. He entered the store and told the clerk, Susan Fisher, "This is a robbery," and pointed the rifle at her. When she exclaimed "My God, you're serious," appellant shot her in the chest and told her, "Now get up and get me the money." She took all the currency--less than $100--from the cash register and handed it to him. When he demanded more, she gave him the rolled coins; he "flipped them back across the counter" and told her he wanted bills. When told to look for himself that there were no more bills, he threw the telephone from the counter onto the floor and left the store.

By that time, a description of appellant's truck had been broadcast over police frequencies. His truck was observed by Evansville Police Sergeant John Haller, who was following it to confirm the license plate number when appellant braked abruptly. Haller stopped and exited his vehicle, standing behind his open door for cover while reaching for the shotgun beneath his seat. Appellant leaned out of his open truck door and fired one shot into Haller's door. Haller fired into appellant's truck. As he was chambering a second round, appellant's second shot struck him in the left cheek. Haller's weapon discharged into the air as he fell. Haller then climbed into the front seat of his vehicle and radioed for assistance.

After shooting out Sergeant Haller's windshield thereby scattering glass over the wounded officer, appellant resumed driving his truck. Subsequently, he was spotted by Vanderburgh County Deputy Sheriff Thomas Wedding. A chase ensued, joined in by Officer Bruce Pullam. Eventually his truck was boxed-in by the officers. Appellant was ordered to come out with his hands up, but came up with his rifle instead. Upon seeing it pointed at them from less than ten feet away, both officers fired their weapons. One round struck appellant in the upper thigh and another in the lower abdomen. He was then handcuffed and transported to the emergency room at St. Mary's Hospital.

After treatment, he was advised of his Miranda rights by Evansville Police Sergeant Larry Spradlin. Appellant stated he had an attorney but did not require his presence at that time. Appellant then related to Sergeant Spradlin that in his despondency over the loss of his girl friend, he had tried but failed to shoot himself to death. He went on to explain he then had decided to end his life by coming to Evansville to "look for the Police and piss them off enough that finally they'll shoot me." He was disappointed they had failed to kill him.

Appellant contends the trial court erred in admitting his inculpatory remarks to Sergeant Spradlin. He maintains that because of his intoxication and because he was not completely advised of his Miranda rights, his admissions were not voluntary and thus Sergeant Spradlin's testimony relating them should have been suppressed.

The record reveals, however, that Sergeant Spradlin read appellant his rights from a police department-issue Miranda card, which recited the complete rights. Appellant was not inadequately advised of his rights prior to his inculpatory admissions.

Appellant also maintains his level of intoxication was so high that it in effect vitiated his waiver of his Miranda rights. As we have previously stated:

"When a defendant challenges the voluntariness of his confession based upon his allegation that he was in an intoxicated state when he made his statement, he has the burden to introduce evidence to establish that the amount and nature of the intoxicants would produce an involuntary statement." Wiseheart v. State (1986), Ind., 491 N.E.2d 985, 992.

In support of his claim, appellant recites the variety of intoxicants he ingested prior to his shooting spree. He also points out his blood alcohol content of .2166 percent, measured from a blood specimen drawn just before his admissions to Sergeant Spradlin, as well as his gunshot wounds. Dr. Eduardo de la Flor, a psychiatrist and appellant's pro bono expert witness, testified appellant was "at least intoxicated" and perhaps was undergoing a stress-induced "psychogenic fugue," i.e., a functional mental state involving dissociation of the personality. Appellant concludes the totality of circumstances indicates that his statements to Sergeant Spradlin could not have been the product of a rational intellect and free will, citing Ortiz v. State (1976), 265 Ind. 549, 356 N.E.2d 1188.

However, testimony at trial indicated appellant was able to comprehend and respond to questions from both the police and medical personnel. Sergeant Spradlin testified appellant was alert, his speech was not slurred, and he was able to give officers the addresses and telephone numbers of several relatives he wished to contact as well as his own name, date of birth, and social security number. When reviewing a trial court's ruling on the voluntariness of a confession, we consider "only the evidence which supports that ruling, when the evidence is in conflict, as well as any unrefuted evidence in [the] defendant's favor." Jackson v. State (1980), 274 Ind. 297, 298-99, 411 N.E.2d 609, 611.

In the case at bar, while appellant's claims of having ingested copious amounts of intoxicants are unrefuted, the alleged degree of resulting impairment is not supported by appellant's behavior at the time of his arrest. Our previous decisions are thus dispositive:

"Even where evidence is uncontradicted that a defendant was under the influence of drugs or alcohol at the time of police interrogation, other evidence may be sufficient to prove that a knowing and intelligent waiver of rights occurred or that a resulting statement was made voluntarily." Riley v. State (1987), Ind., 506 N.E.2d 476, 480.

Here, the trial court's ruling is supported by the evidence. Appellant's admissions to Sergeant Spradlin were properly admitted.

Appellant contends the trial court erred in refusing his tendered jury instructions regarding the defense of voluntary intoxication. He acknowledges the rule is that "[a]s a general proposition, a defendant should not be relieved of responsibility when he was able to devise a plan, operate equipment, instruct the behavior of others or carry out acts requiring physical skill." Terry v. State (1984), Ind., 465 N.E.2d 1085, 1088.

Appellant maintains his case is an exception to the rule in that the testimony of his psychiatrist shows he was unable to form the intent required for a criminal conviction. Due to his "psychogenic fugue," he argues, he "could have performed intellectual functions while not being able to formulate the intent to commit the crimes." He argues "such an alcoholic disorder effectively creates a new identity in a person, while the individual is still able to preserve other intellectual faculties and even perform complicated acts and appear normal to the casual observer."

Dr. de la Flor's testimony--that stress and substance abuse resulted in the dissociation, i.e., splitting, of appellant's personality--tends to support a defense of insanity induced by voluntary intoxication. This evidence supports the granting of an instruction on an insanity defense. Such an instruction was given by the trial court as Instruction No. 26. In addition the court repeatedly instructed the jury that they must find that appellant acted knowingly and in Instruction Nos. 18 and 25 defined "knowingly." There was no error in refusing appellant's instruction on voluntary intoxication as the issue of appellant's ability to form intent was covered by...