Wessling v. State
| Decision Date | 21 November 2003 |
| Docket Number | No. 62A01-0301-CR-42.,62A01-0301-CR-42. |
| Citation | 798 N.E.2d 929 |
| Parties | Alfredo L. WESSLING, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Appellate Court |
Kimberly A. Jackson, Indianapolis, IN, Attorney for Appellant.
Steve Carter, Attorney General of Indiana, Christopher C.T. Stephen, Deputy Attorney General, Indianapolis, IN, Attorney for Appellee.
Appellant-Defendant, Alfredo L. Wessling (Wessling), appeals his conviction for involuntary manslaughter, a Class C felony, Ind.Code § 35-42-1-4.
We affirm, in part and reverse, in part.
Wessling raises three issues on appeal, which we consolidate and restate as follows:
1. Whether the State presented sufficient evidence to sustain Wessling's conviction for involuntary manslaughter; and
2. Whether the trial court erred in sentencing Wessling to an aggravated sentence of six years, based on Wessling's mental capability, which was found to be both aggravating and mitigating.
Wessling and Lance Bunner (Bunner) were in a relationship for approximately twelve years. They lived together at 401 15th Street in Tell City, Indiana. Around June 15, 2002, the couple, who were experiencing financial problems, moved from California to Tell City to live in Bunner's mother's house after her death. Both men were alcoholics, both had been ill, and, in addition, Wessling was diagnosed as HIV-positive.
On the mornings of August 23 and 24, 2002, paramedics were called to the residence because Wessling had drunk alcohol to excess and complained of abdominal pains. On August 23, 2002, both paramedics and the Tell City Police Department responded to Wessling's 911 call. Upon gaining entry into the residence, Tell City Police Officer John Allen (Officer Allen) noticed Wessling sitting in a chair in the living room. When walking through the house, Officer Allen saw Bunner asleep on the bed in the bedroom. He was partially covered with a sheet. After awakening him, Bunner sat up on the edge of the bed, wearing shorts. During his brief conversation with Bunner, Officer Allen noticed bruising on his thigh. Paramedics eventually took Wessling to the Perry County Memorial Hospital for treatment.
On August 24, 2002, around 7:15 a.m., paramedics and the Tell City Police Department responded to another call from Wessling. Upon arriving at the residence, Officer Allen found Wessling waiting outside for the paramedics. Officer Allen attempted to contact Bunner by knocking on the north door of the residence. Failing to get a response, Officer Allen proceeded to the south door which appeared to be unlocked. Opening the door, Officer Allen noticed Bunner lying on the living room floor. He appeared to be asleep and was covered with a sheet.
That same day, around 7:19 p.m., police and paramedics returned to the residence in response to another 911 call. After gaining entry into the residence, paramedics discovered Bunner laying on the living room floor, fully covered with a blanket. Upon pulling the blanket down, paramedics could not find a pulse or any respiration, instead, they noted a substantial amount of bruising on Bunner's nude body. Considering the death scene potentially abnormal, the paramedics notified the coroner's office. Because the cause of death was unknown, the deputy coroner contacted the police and ordered an autopsy.
Assistant Chief of Police Gregory Hendershot (Assistant Chief Hendershot) arrived at the residence to investigate Bunner's death. Although he also observed bruising and some scrapes on Bunner's nude body, none of these injuries appeared life threatening. Meanwhile, Tell City Police Officer Heather Glenn (Officer Glenn) spoke with Wessling. Wessling told Officer Glenn that Bunner had been sleeping on the floor for the past two days. During that time, he tried to give Bunner water and placed a damp towel on his head. Wessling further informed Officer Glenn that he decided to call 911 that evening after hearing Bunner make a choking sound.
Upon removal of Bunner's body, Officer Glenn asked Wessling if he would like to go to the police department. Wessling agreed, however, he further informed Officer Glenn that he wanted to take off his necklace if he was going to jail. After reassuring Wessling that he was not going to jail, Officer Glenn transported him to the police department where she escorted Wessling to an interview room located in the basement. Upon the arrival of Assistant Chief Hendershot and Tell City Police Officer Alan Malone (Officer Malone), the three officers proceeded to question Wessling. This conversation was tape-recorded. Following Wessling's statement, Officer Glenn drove Wessling to the Harvest House, where lodging was arranged for him.
The next day, August 25, 2002, Assistant Chief Hendershot received the preliminary autopsy report from the deputy coroner indicating that the pathologist had ruled Bunner's death a homicide. That afternoon, Assistant Chief Hendershot arrested Wessling at the Harvest House. After the arrest, Assistant Chief Hendershot and Officer Malone transported Wessling to the Tell City Police Department. At the police department, Wessling and both officers sat outside on a picnic table and smoked a cigarette. During this time, Assistant Chief Hendershot advised Wessling of his rights and asked him to make a statement whereupon Wessling signed the waiver of rights form that Assistant Chief Hendershot read to him. The statement made at the picnic table was not taperecorded. After finishing his cigarette, Wessling was moved to an interrogation room where the questioning continued, with a tape recorder running. At the end of the interview, police obtained Wessling's consent to search the residence.
On August 28, 2002, the State filed an information against Wessling, charging him with involuntary manslaughter, a Class C felony, I.C. § 35-42-1-4(c)(3). On November 8, 2002, Wessling filed a motion to suppress his statements given to the Tell City Police Officers on August 24 and 25, 2002, as violative of the Fourth, Fifth, and Sixth Amendments of the United States Constitution. On November 15, 2002, after an evidentiary hearing, the Perry Circuit Court denied the Motion to Suppress. On November 18, 2002, through November 22, 2002, a jury trial was held. At the conclusion of the trial, the jury convicted Wessling of involuntary manslaughter. On December 11, 2002, the trial court conducted a sentencing hearing. At the sentencing hearing, the trial court sentenced Wessling to the Indiana Department of Correction for six years.
Wessling now appeals. Additional facts will be provided as necessary.
Wessling contends that the evidence presented by the State was insufficient to support his conviction for involuntary manslaughter. Specifically, Wessling claims that the trial court erred in denying his motion to suppress since his post-arrest statement to the Tell City Police Officers (the "Officers") was inadmissible under the Fourth and Fifth Amendments to the United States Constitution. Furthermore, Wessling alleges that the State failed to present sufficient evidence to prove that Wessling delivered the fatal injuries to Bunner. Conversely, the State maintains that, since the Officers had probable cause to arrest Wessling, his post-arrest statements are admissible at trial. The State further contends that it presented sufficient evidence to establish that Wessling killed Bunner.
Our standard of review for a sufficiency of the evidence claim is well-settled. In reviewing sufficiency of the evidence claims, we will not reweigh the evidence or assess the credibility of the witnesses. Cox v. State, 774 N.E.2d 1025, 1028-29 (Ind.Ct.App.2002). We will consider only the evidence most favorable to the verdict, together with all reasonable and logical inferences to be drawn therefrom. Alspach v. State, 755 N.E.2d 209, 210 (Ind. Ct.App.2001), trans. denied. The conviction will be affirmed if there is substantial evidence of probative value to support the conviction of the trier-of-fact. Cox, 774 N.E.2d at 1028-29. A verdict will be sustained based on circumstantial evidence alone if the circumstantial evidence supports a reasonable inference of guilt. Maul v. State, 731 N.E.2d 438, 439 (Ind. 2000).
At the outset, we note that a review of the denial of a motion to suppress is similar to other sufficiency matters. Bentley v. State, 779 N.E.2d 70, 73 (Ind.Ct.App.2002); Overstreet v. State, 724 N.E.2d 661, 663 (Ind.Ct.App.2000), trans denied. We do not reweigh the evidence, and we consider conflicting evidence most favorable to the trial court's ruling. Overstreet, 724 N.E.2d at 663. However, unlike a typical sufficiency of the evidence, we must also consider the uncontested evidence favorable to the defendant. Id.
First, Wessling alleges that the trial court erred by denying his motion to suppress his post-arrest statement of August 25, 2002, obtained in violation of the Fourth and Fifth Amendments of the United State Constitution. Specifically, Wessling contends that, since the Officers lacked probable cause to arrest him, his arrest was illegal. Consequently, Wessling maintains that his subsequent statement is inadmissible as fruit of the poisonous tree. Furthermore, Wessling claims that his statement was coerced by fear of intimidation. On the other hand, the State maintains that the trial court properly denied the motion to suppress Wessling's statements because the Officers had probable cause to arrest Wessling for the involuntary manslaughter of Bunner. Moreover, the State asserts that Wessling's statement was free and voluntary and not induced by violence, threats, promises or other improper influences.
The Fourth Amendment of the United States Constitution, made applicable to the states by the ...
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