From Crime to Justice: A Case Review detailing how the Criminal Justice System works

With Robert E. Roberts, Chief Deputy Prosecuting Attorney Vigo County, Indiana

You have heard the Law and Order opening – “In the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories…” You know the sound – dum dum. But that’s just TV, right?

When a crime has been committed and someone arrested for that crime, a well defined process takes place. How does a case work its way to that end point known as “Justice”? Robert Roberts, the Chief Deputy Prosecutor for Vigo County will present a case study “ripped from the local headlines” that will review the common steps of the criminal justice process from investigation and arrest, to court processes, to trial and evidence, and finally reaching that last stop – Justice. In addition and if time permits, we will discuss how technology has impacted investigation and prosecution, and discuss some of the legislative proposals surrounding criminal sentences in Indiana.

• Crime happens• Investigation• Review by Prosecutor for Charges and Arrest

Warrant Issued OR• Arrest, Finding of Probable Cause, Charges filed• Initial Appearance in Court• Discovery• Plea Negotiations• Motion Arguments (dismiss, suppress, etc…)• Trial by Jury or by Judge

Criminal Justice Process

STATE OF INDIANA

V.

WENDELL MARDIS

Tyrone Haywood

April 10, 2010• BBQ at the Defendant’s house• Purchased enough alcohol for everyone

at the Dew Drop• Defendant so intoxicated, his son did

not want him to go to the Post• Defendant drives to the Post

April 10, 2010

• BBQ at the Defendant’s house• Purchased enough alcohol at the Dew

Drop for everyone to share• Defendant so intoxicated, his son did

not want him to go to the Post• Defendant drives to the Post • Defendant takes his gun with him• Defendant goes in the side door• Defendant dances…

April 11, 2010• Tyrone at the Post as well• Confrontation

– Defendant busts through a handshake– Tyrone confronts Defendant while seated

• One Punch by Tyrone to Defendant• Defendant gets a bloody nose• Defendant steps back• Draws his gun from his back pocket

April 11, 2010• Tyrone at the Post as well• Confrontation

– Defendant busts through a handshake– Tyrone confronts Defendant while seated

• One Punch by Tyrone to Defendant• Defendant gets a bloody nose• Defendant steps back• Draws his gun from his back pocket• Shoots Tyrone twice• Defendant arrested at the scene

• Crime happens• Investigation• Review by Prosecutor for Charges and Arrest

Warrant Issued OR• Arrest, Finding of Probable Cause, Charges filed• Initial Appearance in Court• Discovery• Plea Negotiations• Motion Arguments (dismiss, suppress, etc…)• Trial by Jury or by Judge

Criminal Justice Process

Charging Decisions• Murder• Voluntary Manslaughter (Sudden Heat)• Aggravated Battery• Battery Resulting in Serious Bodily Injury• Battery with a Deadly Weapon• Pointing a Firearm• Criminal Recklessness with a Deadly Weapon• Criminal Recklessness Resulting in Serious

Bodily Injury• Battery Resulting in Bodily Injury• Battery• Criminal Recklessness

Elements of the Crime

• “If the State has proven each of these elements beyond a reasonable doubt, you may convict the defendant of the crime charged.”

Knowingly

The Defendant

Tyrone Haywood

Elements for Murder

Killed

Self-defense

• “Therefore, once a defendant claims self-defense, the State must disprove at least one of the elements beyond a reasonable doubt.”

1) Was in a place where he had a right to be

The Defendant

3) Had reasonable fear of serious bodily injury

Elements of Self - Defense

2) Did not provoke, instigate, or participate willingly in the violence

Provoke? Participate?

• Defendant burst through the handshake of Robert and Tyrone (Robert Rollins)

• Asked him what happened. He said he got hit in the mouth and then he shot him. (Wendell Holman)

• “Ain’t nobody gonna hit me!” (Defendant)

1) Was in a place where he had a right to be

The Defendant

3) Had reasonable fear of serious bodily injury

Elements of Self - Defense

2) Did not provoke, instigate, or participate willingly in the violence

Reasonably Believes

• “a person:   (1) is justified in using deadly force; and   (2) does not have a duty to retreat;   if the person reasonably believes that the force is necessary to prevent serious bodily injury to the person…or the commission of a forcible felony.”

Reasonably Believes

• “Reasonably believes…requires both actual belief that the force was necessary to prevent serious bodily injury, and that such actual belief was one that a reasonable person would have under the circumstances.”

Forcible Felony• “A ‘forcible felony’ is defined by law as a

felony that involves the use or threat of use of force against a human being or in which there is imminent danger of bodily injury to a human being.”

– Battery Resulting in Bodily Injury is a Misdemeanor

– Need Serious Bodily Injury to make it a felony

Self Defense:

Defendant’s Actual Belief?

Prior Events• Shooting by Anthony Herron that started it all

– Herron Prosecuted and Convicted• Fight between Andre White and Haywood’s

Nephews in 2005– Not Reported to police

• Fight between Wendell Holman and Tremaine Dorsey, Haywood’s nephew– Not reported to police

• Terrell Herron shoots into Cynthia’s home in 2008– Crime Reported, Herron Convicted

• Fight between Deondre Batten and Haywood’s Nephews at the Dawg House Pub in 2010– Not reported to police

Prior Events (cont’d)• Fight between Andre White and Haywood’s

Nephews at Dew Drop– Not reported to police

• Cynthia White, defendant’s sister, and her daughter battered by Anthony Herron– Crime Reported, Herron being Prosecuted

• Tyrone Haywood NEVER involved!

Defendant believed…• W. Holman says he has no idea why there was a

problem between his dad and Tyrone.• The threat was from the kids, not from Tyrone.

(Eric Johnson)• Concerned about something happening to the

kids, not himself (Anthony Johnson)

• Tyrone’s name did not come up when discussing problems between the families (Anthony Johnson)

• Never mentioned Tyrone as causing any problems (James Scott)

• Tyrone’s name did not come up on the list of who they were afraid of (Cynthia White)

• The Police were not taking care of the situation…

Defendant interviewed…

Defendant said…• “Never had any problems with anyone ‘til

today.”• “He hit me.”• “I cannot fight, so I shot him.”• “Ain’t nobody gonna hit me!”• “I’m not here to try to hurt nobody.”• “I’m not trying to do anything to hurt anybody.”• “Tyrone is somebody I looked up to growing

up.”• “I had to shoot somebody for this bullshit.”• “He had nothing to do with all this ‘cause he

ain’t family.”

Self Defense:

What would a Reasonable Person believe?

Tyrone Haywood The Defendant

5’ 4” Over 6 foot tall

160 lbs Over 200 lbs

52 years old 46 years old

Defendant’s Disability…

• Who says the defendant was dancing?– Robert Rollins – down on his knees, moving it– Natalie Smith – danced for a couple of minutes– Wendell Holman – doing the two step– Andre White – was dancing the majority of the time– Defendant – I danced a couple a times– William Owens – no words says it all – fast dancing

• Other Statements regarding disability– Defendant was barbecuing all day (A. White)– Never saw any sign of disability (A. Porter)

Reasonable person…• Defendant had no prior problems with Tyrone

Haywood• Tyrone Haywood had caused no prior problems

for Defendant’s family• Tyrone was a bully 20+ years ago• Tyrone threw one punch in the bar• Defendant was able to get up and step away

from Tyrone after the punch• Defendant was able to reach in back pocket to

pull out the gun• Defendant was 1 ½ arm lengths or more away

when he shot • Defendant fired kill shot after disabling Tyrone

• Crime happens• Investigation• Review by Prosecutor for Charges and Arrest

Warrant Issued OR• Arrest, Finding of Probable Cause, Charges filed• Initial Appearance in Court• Discovery• Plea Negotiations• Motion Arguments (dismiss, suppress, etc…)• Trial by Jury or by Judge

Criminal Justice Process

Knowingly

The Defendant

Tyrone Haywood

Voluntary Manslaughter or Murder

Killed

Sudden Heat?

Sudden Heat

• “The term “sudden heat” means a mental state which results from provocation sufficient to excite in the mind of the Defendant such emotions as anger, rage, sudden resentment, jealousy, or terror sufficient to obscure the reason of an ordinary person, and as such prevents deliberation and premeditation, excludes malice, and renders the Defendant incapable of cool reflection prior to acting.”

Sudden Heat

• “The term “sudden heat” means a mental state which results from provocation sufficient to excite in the mind of the Defendant such emotions as anger, rage, sudden resentment, jealousy, or terror sufficient to obscure the reason of an ordinary person, and as such prevents deliberation and premeditation, excludes malice, and renders the Defendant incapable of cool reflection prior to acting.”

Knowingly

The Defendant

Tyrone Haywood

Voluntary Manslaughter or Murder

Killed

No Sudden Heat = Murder

Verdict Choices:

1. Murder2. Voluntary Manslaughter with a Deadly

Weapon, A Felony3. Voluntary Manslaughter without a Deadly

Weapon, B Felony4. Not Guilty by reason of Self Defense5. Not Guilty because Elements of Murder not

Proven

Jury Verdict?

Guilty of VoluntaryManslaughter

Questions??

Thank you!

Two Distinct Shots • Robert Rollins – Tyrone’s hands out, palms up,

no weapons, “Are you gonna shoot me?”, shot fired, defendant grabs abdomen, steps toward Tyrone, shoots again,

• Lachelle Turner – walking away, looked over shoulder, first shot, dropped to ground, second shot, ran out

• Hashim Cooper – heard shot, got down on the floor, heard second shot

• William Owens – back in the office, heard two shots, checked on wife, saw what happened, called 911

Two Distinct Shots • Angela Porter – Tyrone’s hands out, palms up,

no weapons, “Are you gonna shoot me?”, heard shot, pause, second shot

• Natalie Smith – talking to DJ, heard sound, turned to look, nobody running, turned back to DJ, started talking again, second shot fired, people running

• Wendell Holman – heard shot, ducked down, heard second shot

• Andre White – Defendant going backward, first shot fired, people moved, Tyrone charging defendant, second shot fired, Tyrone fell

Forensic Evidence of the Shooting

• Gun in proper operating condition– Trigger pull analysis

• No powder residue / stippling on Tyrone• First shot to the abdomen – could have

been fatal but with prompt treatment, probably not

• Second shot – fatal shot, downward angle through body, likely fatal with immediate treatment

Facts• Defendant brought gun into the bar• Defendant entered the bar by avoiding

security• Defendant was punched one time in the face –

not serious bodily injury• Defendant fired upon an unarmed Tyrone

Haywood – Twice!• Defendant fired from a “safe distance”• Defendant fired the kill shot after a pause• Defendant would not allow assistance for

Tyrone• “Let him die.”

“Let him die.”• At time of shooting, no expression on

his face – no fear, no reaction.• Said “Don’t touch him” according to

William Owens• Said “Let him die” according to Robert

Rollins• Told Detective Pirtle “They tried to

help him.”

Retribution for what hadhappened to his Sister and Niece, to hisSon, and to his family thathe could not protect

Would not allow othersto come to give assistance

Unarmed TyroneHaywood witharms extended out, hands open, palms up, not aggressive

Taking law into his own handsbecause thepolice have donenothing

Two shots fired,pause between shots,fired from 5+ feet away,

Retaliation for beingpunched in the mouth-Not serious bodilyinjury

What this Crime IS:

MURDER

Murdered – April 11, 2010

Verdict Choices:

1. Murder2. Voluntary Manslaughter with a Deadly

Weapon, A Felony3. Voluntary Manslaughter without a Deadly

Weapon, B Felony4. Not Guilty by reason of Self Defense5. Not Guilty because Elements of Murder not

Proven