Whitehead v. State
| Citation | 511 N.E.2d 284 |
| Decision Date | 22 July 1987 |
| Docket Number | No. 485S142,485S142 |
| Parties | Ronald K. WHITEHEAD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
| Court | Supreme Court of Indiana |
Timothy S. Brennan, South Bend, for appellant.
Linley E. Pearson, Atty. Gen., Theodore E. Hansen, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant, Ronald K. Whitehead, was convicted by a LaGrange County jury of the crime of murder. The trial court sentenced him to fifty-four (54) years. In this direct appeal, Appellant raises the following issues for our review:
1. error in waiving Appellant to adult criminal court;
2. error in selecting counties for a change of venue which were subject to the same pre-trial publicity as the county this cause was venued from;
3. error in allowing a second trial after the first ended in a mistrial;
4. error in imposing time limitations on voir dire and final argument;
5. error in attempting to rehabilitate prospective jurors in the presence of the other prospective jurors;
6. error in refusing to suppress statements made at the scene of the crime and after being placed in custody;
7. error in admitting testimony of statements Appellant made to a psychologist;
8. error in admitting testimony concerning a footprint comparison;
9. error in allowing two assistants to sit at the prosecutor's table;
10. error in admitting photographs of the victim's injuries;
11. error in failing to admonish the jury prior to each and every recess;
12. error in refusing to give Appellant's tendered instructions on the lesser included offenses of murder;
13. error in sentencing Appellant to fifty-four (54) years for murder; and
14. error in imposing a fine and ordering restitution.
The facts supporting Appellant's conviction are as follows. On the evening of December 15, 1980, Appellant was working as a janitor at the South Bend Tribune office in Mishawaka, Indiana. The victim, a reporter for the Tribune, was working late at the office that evening.
At approximately 8:26 p.m., Appellant phoned the Mishawaka Police Department, and reported that someone had been murdered at the Tribune office. Officer Whitfield arrived at the office and knocked on the door. Appellant unlocked the door from the inside with a key, and pointed to the victim's body. The victim's body was lying on the floor in a pool of blood. An electrical cord was wrapped around her neck. Appellant's clothes were covered with blood, he was limping and breathing heavily, and his hair was matted down with perspiration.
Whitfield asked Appellant what happened and Appellant explained that he was in the basement when he heard a female voice scream "murder." Appellant ran upstairs to find a black male standing over the victim's body. Appellant stated he tried to assist the victim, but was knocked unconscious by the assailant.
The police investigating the scene found blood and hair on the walls of the circulation room. The victim's body had been dragged away from the south door of the room into the hallway. A trail of blood led to the basement where police found a steel rod covered with blood inside a plastic trash can. There were a number of bloody tennis shoe footprints that appeared to match the shoes Appellant was wearing. Appellant's hat was found underneath the victim's left foot. No other footprints were found either inside or outside the building, and there was no sign of a forced entry into the building. Another employee of the Tribune told the police that when she left the building at 7:00 p.m. that evening, she locked the south door of the office, and that Appellant and the victim were the only two in that part of the building.
At trial, Appellant testified in his own behalf and elaborated on the version of events he had originally told the police. He explained that after he regained consciousness, the black man was standing on his ankle, threatening to kill him. Appellant stated the victim pleaded for Appellant's life. When the black man left, Appellant attempted to help the victim, but slipped on her blood and fell forward onto the victim's body. He then tried to remove the cord around her neck. He stated he removed his shirt to try to stop the victim's bleeding. Appellant claims he went to the basement to get a wet rag, and took the steel rod with him to hide in the trash can. Appellant explained he hid the rod because he was afraid the assailant would return and use the weapon to finish him off. Appellant then called the police.
Appellant makes two allegations of error concerning his being waived from the jurisdiction of the juvenile court. The statute in question reads as follows:
(c) Upon motion of the prosecutor and after full investigation and hearing, the juvenile court shall waive jurisdiction if it finds that:
(1) The child is charged with an act that would be murder if committed by an adult;
(2) There is probable cause to believe that the child has committed the act; and
(3) The child was ten (10) years of age or older when the act charged was allegedly committed; unless it would be in the best interests of the child and of the safety and welfare of the community for him to remain within the juvenile justice system.
Ind.Code Ann. Sec. 31-6-2-4(c) (Burns Supp.1986).
First, Appellant claims the juvenile court erred in finding sufficient probable cause to believe that he committed this crime. At the waiver hearing, Officer Whitfield testified that he was the first to arrive at the scene of the murder. There, he found Appellant, who was limping, breathing heavily, and covered with blood. The victim's body was on the floor in a large pool of blood. An electrical cord was wrapped around her neck and there were signs of a struggle. Appellant's black cap was found underneath the victim's left foot. Footprints in the blood appeared to match the shoes Appellant was wearing. Appellant's glasses were broken and had blood on them. A trail of blood led down to the basement where the police found a bloody steel rod hidden in a trash can.
Others testified that Appellant was the last person seen with the victim at the office immediately before it was locked up that night. There was no sign of a forced entry into the office. FBI laboratory findings indicated that strands of the victim's hair were present on Appellant's pants, shirt, and shoes, as well as the metal rod found in the basement. The juvenile court found the State not only proved the existence of probable cause, they proved it beyond a reasonable doubt.
Probable cause exists when the facts and circumstances, if based on reasonably trustworthy information, would lead a man of reasonable caution and prudence in believing that the accused committed the criminal offense. Ross v. State (1980), 274 Ind. 588, 591, 413 N.E.2d 252, 255; Gaddis v. State (1977), 267 Ind. 100, 368 N.E.2d 244. Based on our review of the waiver hearing transcript, we find there was sufficient evidence presented to the juvenile court for it to conclude there was probable cause to believe Appellant committed this crime.
Second, Appellant claims the juvenile court erred in finding his waiver from the juvenile court would be in his best interests and the best interests of the community's safety and welfare.
The issue of waiver of jurisdiction from the juvenile system is one committed to the sound discretion of the juvenile court, and we will reverse its determination only if the court abused its discretion. Gerrick v. State (1983), Ind., 451 N.E.2d 327, 330. Under Ind.Code Sec. 31-6-2-4(c) (Burns 1980), a presumption exists in favor of waiving the juvenile to adult court. Gerrick, 451 N.E.2d at 330; Trotter v. State (1981), Ind., 429 N.E.2d 637.
Here, the juvenile court found that committing Appellant to a juvenile correctional institution would not give sufficient time to rehabilitate and treat Appellant's paranoia. Given this finding, and taking into consideration the seriousness of this crime, and the presumption in favor of waiver, we find the juvenile court properly waived its jurisdiction over Appellant to the adult criminal court.
On March 2, 1984, Appellant's motion for a change of venue from St. Joseph County was granted. The court submitted a panel of the following counties: Porter, Jasper, Whitley, and La Grange. After Whitley County and Porter County were eliminated, Appellant filed a motion for a substitute county. He alleged Jasper County was as contaminated by the pre-trial publicity as St. Joseph County. The court denied his motion. Appellant then struck Jasper County, and this cause was venued to LaGrange County.
Appellant claims the court abused its discretion in selecting counties which had a similar bias against him. Specifically, Appellant claims Jasper County was biased against him. However, Appellant was not tried in Jasper County. He was tried in LaGrange County. Appellant did not request a change of venue from LaGrange County. The record is void of any objection to this cause being tried there. The defendant bears the burden of showing that community bias or prejudice exists which would prevent him from obtaining a fair trial in the county. Underhill v. State (1981), Ind., 428 N.E.2d 759, 763. Here, Appellant has failed to carry his burden. He has failed to show us that Jasper County held the same bias against him as St. Joseph County. Further, aside from the fact that LaGrange County received a fair amount of publicity, Appellant has not demonstrated that the jurors in LaGrange County were unable to set aside any preconceived notions about Appellant's guilt or innocence. See McKean v. State (1986), Ind., 500 N.E.2d 1184, 1187. We find no error here.
Appellant's original trial began on February 3, 1982. A jury was selected, preliminary instructions were given, and both sides presented opening statements. The State then presented its first witness.
Over the noon hour recess, the court realized it had not sworn the jury....
To continue reading
Request your trial
-
Pruitt v. State
...influence of drugs at the time he made a statement, "the degree of his mental impairment is of critical importance." Whitehead v. State, 511 N.E.2d 284, 293 (Ind.1987). In the context of drunkenness, this Court has stated that it is only when an accused is so intoxicated that he is unaware ......
-
Williams v. State
...like Ridley, was fined $40,000 as part of his sentence and pauper appellate counsel was appointed for his appeal. Under Whitehead v. State, 511 N.E.2d 284, 296 (Ind.1987) fines may not be imposed on an indigent unless the sentencing order expressly states that the defendant shall not be imp......
-
Schiefer v. State
...the economic law that ability to collect is confined by the debtor's capacity to pay. See Blakeman, 753 P.2d 1045 and Whitehead v. State, 511 N.E.2d 284 (Ind.1987), cert. denied 484 U.S. 1031, 108 S.Ct. 761, 98 L.Ed.2d 773 (1988). There seems to be something invidiously included in recent p......
-
State v. Bey
...the State re-opened its investigation after the conviction was reversed. A case similar in some aspects to our case is Whitehead v. State, 511 N.E.2d 284 (Ind.1987), cert. denied, 484 U.S. 1031, 108 S.Ct. 761, 98 L.Ed.2d 773 (1988). There the Indiana Supreme Court held that statements a def......