Thompson v. State

• Decision Date: 29 March 2012
• Docket Number: No. 49A05–1106–CR–323.,49A05–1106–CR–323.
• Citation: 966 N.E.2d 112
• Parties: Ronyai THOMPSON, Appellant–Defendant, v. STATE of Indiana, Appellee–Plaintiff.
• Court: Indiana Appellate Court

966 N.E.2d 112

Ronyai THOMPSON, Appellant–Defendant,

v.STATE of Indiana, Appellee–Plaintiff.

No. 49A05–1106–CR–323.

Court of Appeals of Indiana.

March 29, 2012.

Stephen Gerald Gray, Indianapolis, IN, Attorney for Appellant.

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

BAILEY, Judge.

Case Summary

Ronyai Thompson ("Thompson") was convicted of Dealing in Cocaine, as a Class A felony.¹ He now appeals.

We affirm.

Issue

Thompson raises three issues for our review, which we restate as:

I. Whether the trial court abused its discretion when it denied his motion to dismiss the charges against him under Indiana's statute barring successive prosecutions;

II. Whether the trial court improperly denied his Batson challenges to the State's peremptory striking of two African–American jurors; and

III. Whether there is sufficient evidence to support the conviction.

Facts and Procedural History

In the early morning hours of March 8, 2010, Thompson's cousin, Antwan Rush ("Antwan"), was driving on 38th Street in Indianapolis, when Officer Travis Hunter ("Officer Hunter") observed that Antwan's vehicle had a cracked taillight. Officer Hunter initiated a traffic stop and learned that Antwan's driving privileges had been suspended. Antwan was arrested and the vehicle was towed from the scene to an impound yard.

Also on March 8, 2010, Detective Matthew Stevenson ("Detective Stevenson") of the Indianapolis Metropolitan Police Department's Violent Crimes Unit ("VCU") sought to make contact with Antwan in the course of an ongoing investigation in an unrelated matter. Detective Stevenson learned that Antwan was at the Marion County Jail's Arrest Processing Center ("APC"), but Antwan was released from the APC before Detective Stevenson could make contact with him. Detective Stevenson requested that other members of the VCU place Antwan under surveillance as he walked through downtown Indianapolis. The detectives were able to observe Rush for only a brief period before losing sight of him.

While VCU detectives attempted on-foot surveillance of Antwan, Detective Stevenson learned of several Indianapolis addresses connected to Antwan. Among these was a unit in a residential duplex on North Carrollton Avenue ("4210 Carrollton"). Detective Stevenson requested that VCU detectives place 4210 Carrollton under surveillance after the VCU team lost sight of Antwan in downtown Indianapolis. Detectives Jean Deddish ("Detective Deddish"), Steven Scott ("Detective Scott"), Tanya Terry ("Detective Terry"), and Henry Gregory ("Detective Gregory") conducted surveillance on the residence. Detective Stevenson remained mobile and coordinated the surveillance operations.

During the afternoon of March 8, detectives saw an individual they would later identify as Thompson twice drive to the duplex in a black Dodge Charger and enter 4210 Carrollton. The detectives also observed very heavy foot and vehicular traffic to and from 4210 Carrollton that was uncharacteristic of the neighborhood—by one detective's estimate, nearly thirty-five persons—with each visitor remaining at the residence for only a few minutes before leaving. Detectives recognized this conduct as characteristic of individuals purchasing drugs from the occupants of 4210 Carrollton.

At around 4:30 that afternoon, Detective Stevenson requested that several of the detectives conducting surveillance on 4210 Carrollton meet at the Indiana State Fairgrounds to discuss a plan for making contact with Antwan and any other individuals at 4210 Carrollton. As the detectives prepared to leave the Fairgrounds, a member of the surveillance team reported that a vehicle was leaving 4210 Carrollton.

Detective Stevenson requested that uniformed police officers stop the car, and he and several other detectives traveled to the scene of the traffic stop. Police arrested Antwan and his brother Antonio Rush ("Antonio") at this time. Each had large sums of cash on his person.

While the traffic stop was under way, Detectives Scott and Gregory approached the front of 4210 Carrollton. Detective–Sergeant Kerry Buckner ("Sergeant Buckner") and two other detectives placed themselves at the back of the building to ensure no one left undetected. Detective Gregory knocked on the front door in an attempt to make contact with any individuals inside, while Detective Scott stood next to him. After receiving no reply, Detective Gregory knocked louder. He and Detective Scott heard loud noises coming from inside the house.

Shortly after this, Thompson, who was still inside the residence, opened a space in the blinds to see who was at the door. Detective Scott saw Thompson through the space in the blinds, and observed Thompson had a surgical glove covering the hand that had opened the blinds. After he saw Detective Scott, Thompson snapped the blinds closed. The detectives heard further noise from inside the house, including Thompson's voice, but no one came to the door.

While Detectives Gregory and Scott stood at the door of 4210 Carrollton, Patricia Thompson ("Patricia"), mother of Antwan and Antonio and Thompson's aunt, arrived by car at the house and explained that she had a contractual interest in the duplex. Detective Gregory and Detective–Sergeant Garth Schwomeyer ("Sergeant Schwomeyer"), another VCU member, spoke with Patricia and requested her consent to enter the house; Patricia refused.

Knowing that older duplexes like the one at 4210 Carrollton often allowed attic access to the adjacent unit in the building, Detective Gregory knocked on the door of the other unit in the duplex, 4212 Carrollton. One of its occupants admitted him to the residence. Detective Gregory explained that police suspected criminal activity in 4210 Carrollton, and obtained identification information from the occupants of 4212 Carrollton.

Among those in 4212 Carrollton was Thompson, who first appeared to Detective Gregory only briefly by peeking his head around a corner. Thompson later came into the living room of the home, identified himself to Detective Gregory as Sam Jones, and provided a date of birth and social security number. After advising the occupants to remain inside for their safety, Detective Gregory left 4212 Carrollton.

Detective Gregory ran each of 4212 Carrollton's occupants names through police computers and determined that the information Thompson had provided was false. At some point after Detective Gregory left the house, a male occupant of the house emerged, asked to smoke a cigarette, and returned to the interior of 4212 Carrollton after finishing the cigarette. Soon after this, Thompson left the house carrying a child in his arms and in the company of an adult female. Detective Gregory called Thompson over to ask him about the false identification information he had provided.

After handing the child over to his female companion, Thompson provided correct identification information. Detective Gregory checked the correct information in police computers and determined that Thompson's driving privileges had been suspended. Because detectives had seen Thompson driving the black Dodge Charger earlier that day, Detective Terry arrested him. When asked why he was at 4212 Carrollton, Thompson stated that he was there to speak with a female occupant of the house.

In the interim, Detective Stevenson sought and obtained search warrants for 4210 Carrollton, another location, and vehicles associated with Antwan and Patricia. During their search of 4210 Carrollton, police found drug-related items and weapons throughout the first floor of the house, including 281.243 grams of powder cocaine and 90.639 grams of crack cocaine; cooking pans with cocaine residue; numerous rubber gloves and plastic baggies, several of which contained crack cocaine; a twenty-gauge shotgun and shotgun shells; and a loaded .38 Special revolver. Police also found a panel in the second floor of the house allowing access into the shared attic between 4210 Carrollton and 4212 Carrollton, which permitted Thompson to move between the two units in the duplex while avoiding police observation.

On March 9, 2010, under Cause Number 49G20–1003–CM–18160 ("CM–18160"), the State charged Thompson with Driving While Suspended, as a Class A misdemeanor,² based upon the detectives' observation of his conduct on March 8.

In the instant case, on March 23, 2010, under Cause Number 49G20–1003–FA–23467 ("FA–23467"), the State charged Thompson with Conspiracy to Commit Dealing in Cocaine, as a Class A felony³ ; Dealing in Cocaine, as a Class A felony; Possession of Cocaine, as a Class C felony⁴ ; Possession of Cocaine and a Firearm, as a Class C felony⁵ ; Carrying a Handgun without a License, as a Class C felony⁶ ; Driving while Suspended, as a Class A misdemeanor; and Carrying a Firearm without a License, as a Class A misdemeanor. The Driving While Suspended charge in FA–23467 was for the same offense as the charge in CM–18160. Antwan, Antonio, and Patricia were charged with related offenses.

On September 9, 2010, Thompson pled guilty to the single count of Driving While Suspended in CM–18160. On January 24, 2011, Thompson filed a motion to dismiss the charges against him in FA–23467 under Indiana's successive prosecution statute, Indiana Code section 35–41–4–4. The trial court denied the motion on January 28, 2011.

On April 18, 2011, in FA–23467, the State moved to dismiss both counts of Carrying a Handgun without a License and the count of Driving While Suspended, which the trial court granted that day. The trial court also conducted jury selection on April 18, 2011. During voir dire, the State peremptorily challenged two African–American jurors from the venire. The trial court raised sua sponte whether the State's peremptory challenges discriminated against the potential jurors under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). After the trial court granted the State's challenges, Thompson and the other ...