Winters v. State, No. 49S00-8802-CR-174.

Docket NºNo. 49S00-8802-CR-174.
Citation530 N.E.2d 291
Case DateNovember 22, 1988
CourtSupreme Court of Indiana

530 N.E.2d 291

Arnold WINTERS, Appellant,
v.
STATE of Indiana, Appellee.

No. 49S00-8802-CR-174.

Supreme Court of Indiana.

November 22, 1988.


530 N.E.2d 292

Richard D. Gilroy, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

This is a companion case to Winters v. State (1988), Ind., 530 N.E.2d 289. A jury trial resulted in the conviction of appellant of Murder, for which he received a forty (40) year sentence; Attempted Murder, for which he received a thirty (30) year sentence; and Robbery, for which he received a thirty (30) year sentence, the sentences to run concurrently.

The facts are: On the evening of July 23, 1986, Eugene Kee and Melvin McCullough, who were security guards, heard an argument in progress between brothers Jay Winters and Donnie Winters. The officers approached the two and asked them what their problem was. They responded that the officers should not worry about it, that it was between them, at which time the officers asked them to leave the premises.

Jay then pushed Officer Kee and Kee pushed him back. Jay then hit Kee with his elbow whereupon Kee drew a pistol and a pair of handcuffs and hit appellant in the face with the handcuffs. At that time, Jay and Donnie agreed to leave and began to walk away followed by the officers. However, they again started arguing, and Officer Kee again intervened. They stopped arguing and started to walk away. At this time, appellant, who was a brother to Jay and Donnie, approached from behind the officers, placed a pistol to the back of Kee's head and fired a shot which killed Kee. McCullough drew his pistol and fired a shot.

Jay and Donnie grabbed McCullough by the arms and disarmed him. In the struggle, however, McCullough managed to jam the mechanism of his pistol. Jay then gained possession of the disabled pistol and attempted to fire it at McCullough but was unable to do so. Jay again grabbed one of McCullough's arms while Donnie held the other arm. Appellant then walked up to McCullough and shot him in the face. McCullough fell backward. He attempted to draw a second pistol which he was carrying strapped to his ankle. Appellant then fired another shot into McCullough's buttocks.

McCullough stood up and appellant handed a pistol to Jay, and Jay shot McCullough in the back. McCullough fell to the ground, and Jay walked up to him and shot him in the groin. When McCullough continued to struggle, Jay observed that: "He ain't dead yet." One of the brothers then advised him to shoot him in the head like they had shot the other officer. Jay walked up to McCullough and just...

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3 practice notes
  • State v. Winters, No. 49A02-9604-PC-248
    • United States
    • Indiana Court of Appeals of Indiana
    • April 4, 1997
    ...that she saw appellant fire the shots, that she did not see Jay with a gun, nor did she see him shoot anybody." Winters v. State, 530 N.E.2d 291, 292 During deliberations, the jury foreman sent a note to the trial court which read: "Can we the jury, listen to only a portion of the......
  • Winters v. State, No. 49A02-9712-PC-884
    • United States
    • Indiana Court of Appeals of Indiana
    • July 9, 1998
    ...of murder, attempted murder, and robbery on June 10, 1987. Our supreme court affirmed his convictions on direct appeal. Winters v. State, 530 N.E.2d 291 (Ind.1988) ("Winters I "). Winters Page 1198 subsequently filed a petition for post-conviction relief which was granted. The pos......
  • Winters v. State, No. 49S00-8710-CR-952
    • United States
    • Indiana Supreme Court of Indiana
    • November 22, 1988
    ...a Class A felony, for which he received a sentence of twenty (20) years. This is a companion case to Winters v. State (1988), Ind., 530 N.E.2d 291. The facts are: On the evening of July 23, 1986, Eugene Kee and Melvin McCullough, who were security guards, heard an argument in progress betwe......
3 cases
  • State v. Winters, No. 49A02-9604-PC-248
    • United States
    • Indiana Court of Appeals of Indiana
    • April 4, 1997
    ...that she saw appellant fire the shots, that she did not see Jay with a gun, nor did she see him shoot anybody." Winters v. State, 530 N.E.2d 291, 292 During deliberations, the jury foreman sent a note to the trial court which read: "Can we the jury, listen to only a portion of the......
  • Winters v. State, No. 49A02-9712-PC-884
    • United States
    • Indiana Court of Appeals of Indiana
    • July 9, 1998
    ...of murder, attempted murder, and robbery on June 10, 1987. Our supreme court affirmed his convictions on direct appeal. Winters v. State, 530 N.E.2d 291 (Ind.1988) ("Winters I "). Winters Page 1198 subsequently filed a petition for post-conviction relief which was granted. The pos......
  • Winters v. State, No. 49S00-8710-CR-952
    • United States
    • Indiana Supreme Court of Indiana
    • November 22, 1988
    ...a Class A felony, for which he received a sentence of twenty (20) years. This is a companion case to Winters v. State (1988), Ind., 530 N.E.2d 291. The facts are: On the evening of July 23, 1986, Eugene Kee and Melvin McCullough, who were security guards, heard an argument in progress betwe......

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