Sanders v. State, No. 1080S385

• Docket Nº: No. 1080S385
• Citation: 428 N.E.2d 23
• Case Date: November 25, 1981
• Court: Supreme Court of Indiana

Page 23

428 N.E.2d 23 Todrei SANDERS, Appellant,
v.
STATE of Indiana, Appellee. No. 1080S385. Supreme Court of Indiana. Nov. 25, 1981.

Page 24

Charles H. Graddick, Gary, for appellant.

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

PIVARNIK, Justice.

Defendant, Todrei Sanders, was convicted of murder, Ind. Code § 35-42-1-1 (Burns Repl. 1979), at the conclusion of a jury trial in Porter Superior Court, Criminal Division, on May 12, 1980. Sanders was sentenced for a term of imprisonment of thirty-eight (38) years. His conviction and sentence is the subject of this appeal.

Five errors are asserted by defendant, concerning: 1) whether there was sufficient evidence upon which to base a murder conviction; 2) whether the trial court erred in denying defendant's motion to sequester the jury; 3) whether the trial court erred in denying defendant's motion for change of venue; 4) whether the trial court erred in denying defendant's motion for judgment on the evidence and motion for directed verdict; and 5) whether the prosecutor committed prosecutorial misconduct in his closing argument.

Page 25

The evidence most favorable to the State reveals that on the evening of December 8, 1979, the decedent, Michael Spagoletti, and the defendant attended a party at the Phi Delta fraternity house on the campus of Valparaiso University. During the party, defendant and decedent began to argue. The two were separated by a friend of the defendant, who asked the defendant to wait outside and they would walk home together. Shortly thereafter, decedent went outside and a fight erupted between the two students. Defendant pulled out a knife and stabbed Spagoletti numerous times. The defendant fled to Detroit but later returned to Valparaiso where he was tried and convicted.

I.

The first issue for our consideration concerns the sufficiency of the evidence. Defendant sought to establish that he acted in self-defense. Under Ind.Code § 35-41-3-2 (Burns Supp. 1981):

"(A) person is justified in using deadly force only if he reasonably believes that that force is necessary to prevent serious bodily injury to himself or a third person or the commission of a forcible felony."

Alternatively, he argues that he acted under sudden heat. Under Ind.Code § 35-42-1-3 (Burns Repl. 1979), this sudden heat, if established, would operate as a mitigating factor and would reduce to voluntary manslaughter what would otherwise be murder.

In examining a claim of insufficient evidence, this Court will neither reweigh the evidence nor judge the credibility of witnesses. To do so would usurp the jury's functions. We will determine only whether there is substantial evidence of probative value from which the jury could reasonably find the defendant guilty beyond a reasonable doubt. Love v. State, (1979) Ind., 393 N.E.2d 178, 180; Pollard v. State, (1979) Ind., 388 N.E.2d 496, 501; Ruetz v. State, (1978) 268 Ind. 42, 49, 373 N.E.2d 152, 156.

In the case before us, defendant Sanders acknowledges that it was he who stabbed and killed Spagoletti. However, he claims, as noted earlier, that the evidence also shows that he acted in self-defense, or alternatively, that he acted under sudden heat. Both of these defenses presented questions of fact for the jury to resolve. See Harris v. State, (1978) 269 Ind. 672, 382 N.E.2d 913; Hester v. State, (1978) 267 Ind. 697, 373 N.E.2d 141; Robinson v. State, (1962) 243 Ind. 192, 184 N.E.2d 16. In doing so, they were free to disbelieve defendant's testimony. Hill v. State, (1979) Ind. 394 N.E.2d 132, 135; Taggart v. State, (1979) Ind. 390 N.E.2d 657, 659; Johnson v. State, (1978) 268 Ind. 55, 56-57, 373 N.E.2d 169, 170.

Defendant testified in his own defense. On the night in question, defendant left his room with a knife strapped to his leg. He claimed he took the knife in order to slash the tires of a jeep. Earlier that evening, several people in a jeep drove past the defendant, called him a "nigger" and yelled other expressions, such as "Helter Skelter," at him. Defendant eventually arrived at the Phi Delta fraternity house where a party was taking place. Inside, he encountered the decedent, Michael Spagoletti, and the two men began to argue. Defendant was asked by his friend, Mike Murray, to wait outside and they would walk home together. According to defendant, once outside he noticed that the knife sheath strapped to his leg had slipped. He removed the knife, wrapped his hat around it, and placed it inside his pants. Then Spagoletti walked outside, approached the defendant, and began to wrestle with him. Defendant claims he was attacked first but the eyewitnesses were uncertain as to who started to throw the first punches, although Mike Murray said the first punch he saw thrown was by defendant. Defendant and the victim continued to struggle and then the two men fell into some bushes. Defendant then pulled out his knife and inflicted eighteen wounds upon Spagoletti. Three of the stab wounds were individually sufficient to cause death.

Before a person is justified in purposely killing an assailant in self- defense, he must believe that killing is necessary to

Page 26

preserve his own life or to prevent great bodily harm. Loyd v. State, (1980) Ind. 398 N.E.2d 1260, 1264. The force used to repel an attack must be reasonable and may be used only in the belief that such degree of force is necessary to defend oneself. Id., 398 N.E.2d at 1265; White v. State, (1912) 178 Ind. 317, 99 N.E. 417.

Defendant claims that he feared for his life since Spagoletti outweighed him, was taller, and had a reputation for fighting. There was some discrepancy as to the decedent's weight. Defendant testified that he weighed about 135 to 140 pounds and that the victim weighed 190 to 200 pounds. Officer Todd, who assisted in examining the body, said he thought the body weighed between 170 and 175 pounds. Neither side saw fit to include the exact weight in the record but it is safe to assume that Spagoletti was heavier than the defendant since that fact was never disputed. Mike Murray, one of the two eyewitnesses to the fight, said he allowed the fight to begin, stating, "I think Todrei (defendant Sanders) can take care of himself." Murray said the fight...