Spinks v. State, 1285

• Decision Date: 11 May 1987
• Docket Number: No. 1285,1285
• Citation: 507 N.E.2d 567
• Court: Indiana Supreme Court
• Parties: Randy B. SPINKS, Appellant, v. STATE of Indiana, Appellee. S 499.

Page 567

507 N.E.2d 567

Randy B. SPINKS, Appellant, v. STATE of Indiana, Appellee.

No. 1285 S 499.

Supreme Court of Indiana.

May 11, 1987.

Walter E. Bravard, Jr., Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

This is a direct appeal following conviction by a jury of the offense of murder. A forty-five year sentence resulted from that conviction.

There are two issues presented on appeal: (1) whether there was sufficient evidence presented from which a jury could find appellant guilty of the crime of murder beyond a reasonable doubt; and (2) whether the admission of a photograph depicting the victim following numerous surgical procedures was prejudicial to appellant and requires reversal of his conviction.

I

Appellant contends the State presented insufficient evidence from which a jury could determine guilt beyond a reasonable doubt and that he was denied his lawful presumption of innocence.

In reviewing sufficiency claims we will neither weigh the evidence nor determine the credibility of witnesses but will look only to the evidence tending to support the verdict and all reasonable inferences to be drawn therefrom. If there is substantial evidence of probative value from which a trier of fact might reasonably infer guilt beyond a reasonable doubt, the verdict will not be disturbed. Bowen v. State (1985), Ind., 478 N.E.2d 44; Henderson v. State (1980), 273 Ind. 334, 403 N.E.2d 1088.

These are the facts from the record which tend to support the determination of guilt: On November 17, 1980, Debra Terhune, Michelle Shift (or Schiff), Karen Koomler and Leander Billiot were present at the home of Randy Spinks (appellant) and Jessica Winters. Debbie Terhune and Jessica Winters engaged in a fight and Randy Spinks intervened by kicking Debbie Terhune in the face. When Terhune attempted to leave, Spinks caught her, beat her, handcuffed her, and forceably took her into the bedroom. The confrontation between the two continued and Spinks stated "you don't think I'll shoot you, do you", then entered the living room, picked up a gun, returned to the bedroom and a shot was fired. Jessica Winters came running out of the bedroom and said he shot her. Leander Billiot instructed Karen Koomler to get her things and Spinks requested Billiot dispose of the gun. Billiot and Koomler departed and threw the gun in a field and Jessica Winters called the police. Billings and Koomler later contacted the Anderson Police Department and reported witnessing a shooting and the Anderson Police Department put them in touch with Indianapolis police. Billiot and Koomler assisted in locating the gun and testified at trial against Spinks. Terhune died on December 12, 1980, from complications resulting from the gunshot.

The State did present sufficient evidence from which a trier of fact could conclude to a moral certainty beyond a reasonable doubt that appellant did knowingly shoot and kill a human...