Smith v. State

• Decision Date: 12 February 1990
• Docket Number: No. 49S00-8811-CR-920,49S00-8811-CR-920
• Citation: 549 N.E.2d 1036
• Parties: Willie J. SMITH, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 1036

549 N.E.2d 1036

Willie J. SMITH, Appellant, v. STATE of Indiana, Appellee.

No. 49S00-8811-CR-920.

Supreme Court of Indiana.

Feb. 12, 1990.

Rehearing Denied May 1, 1990.

Aaron E. Haith, Choate Visher & Haith, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Burglary, a Class A felony; Conspiracy to Commit Burglary, a Class A felony; Robbery, a Class A felony; and Conspiracy to Commit Robbery, a Class A felony. The court withheld judgment on the Conspiracy to Commit Burglary, a Class A felony, and passed judgment on the other three convictions of twenty (20) years each, to be served concurrently.

The facts are: The victim in this case was 75-year-old George McReynolds, who lived in a double on Martindale Avenue in Indianapolis. He lived in one half of the double and rented out the other half to tenants. McReynolds was known in the neighborhood to carry large amounts of money on his person. This fact became known to appellant and his brother Ronald Slaughter and their friend Elfaygo Thomas, through appellant's girlfriend, Becky Hunt, who worked part-time for McReynolds.

Upon receiving this information, the three men entered into a conversation, initiated by appellant, wherein they discussed McReynolds' habit of carrying money and the fact that he also carried a gun. When the gun was mentioned, Slaughter produced a gun belonging to appellant, wiped off the gun and the ammunition, then reloaded the gun, holstered it, and placed it on the table around which they were seated.

Two attempts were made to rob McReynolds. On the first attempt, according to plan, Slaughter feigned a car breakdown and he and Thomas gained entrance to McReynolds' home where Slaughter was allowed to use the telephone. However, he and Thomas decided to abort the plan because McReynolds was holding his gun at the time.

Before the second attempt, the three men met again and it was decided that appellant would enter the rented half of McReynolds' double and engage the tenants in loud conversation while the other two broke into McReynolds' home in his absence and waited there for his return. Pursuant to this plan, Thomas and Slaughter entered the empty house by breaking through a window. As appellant occupied the attention of the next door neighbors, Thomas and Slaughter ransacked McReynolds' home and removed items through the open window.

After the two had waited approximately forty-five minutes, McReynolds returned. When Slaughter jumped him and demanded his money, a scuffle ensued, a shot was fired, and both men fled. When they gathered at Thomas's home, Slaughter claimed that the gun just "went off." Slaughter gave Thomas the gun and McReynolds' wallet and credit cards. Slaughter and Thomas then informed appellant about the shooting and appellant urged Slaughter to return to his home in Illinois. Appellant also instructed Thomas to hide the gun but not dispose of it. Thomas kept the credit cards and used them, which led to his arrest and subsequently the arrest of the other two.

McReynolds was shot in the mouth; the bullet injured his lip, passed through his tongue, fractured his jaw, hit his spine and ricocheted to the left side of his neck. A tracheotomy was necessary to effectively treat him. He remained hospitalized for three weeks. However, he died before trial from an apparently unrelated heart attack.

Thomas testified at appellant's trial pursuant to a plea agreement favorably disposing of the charges against him in exchange for his cooperation with the State. Slaughter also testified after a plea agreement but claimed Thomas was the trigger man and that his brother, the appellant, was not involved. However, Slaughter previously had given a statement to Sergeant West of the Indianapolis Police Department, which verified many aspects of Thomas's testimony. Appellant's girlfriend, Becky Hunt, also testified concerning the conversation she had overheard between the three men regarding the planning of the burglary and robbery.

Appellant claims the evidence is insufficient to support the finding of guilty on any of the charges against him. Appellant claims that Thomas's testimony should be completely ignored because it was obvious that Thomas was a liar. He makes the statement that Thomas's story does not...