Sanchez K. Williams v. State of Indiana (mem. dec.) ( 2016 )


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  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),                              Mar 11 2016, 8:27 am
    this Memorandum Decision shall not be
    regarded as precedent or cited before any
    court except for the purpose of establishing
    the defense of res judicata, collateral
    estoppel, or the law of the case.
    ATTORNEY FOR APPELLANT                                   ATTORNEYS FOR APPELLEE
    Thomas C. Allen                                          Gregory F. Zoeller
    Fort Wayne, Indiana                                      Attorney General of Indiana
    Angela N. Sanchez
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    Sanchez K. Williams,                                     March 11, 2016
    Appellant-Defendant,                                     Court of Appeals Case No.
    02A04-1508-CR-1125
    v.                                               Appeal from the Allen Superior
    Court
    State of Indiana,                                        The Honorable Frances C. Gull,
    Appellee-Plaintiff                                       Judge
    Trial Court Cause No.
    02D06-1504-MR-2
    Baker, Judge.
    Court of Appeals of Indiana | Memorandum Decision 02A04-1508-CR-1125 | March 11, 2016      Page 1 of 6
    [1]   Sanchez Williams appeals his convictions for Murder,1 enhanced by the use of a
    firearm,2 and Robbery, a Level 5 felony.3 He argues that the trial court’s
    redaction of a deposition violated the doctrine of completeness. Finding that
    the trial court committed no error—and that even if the trial court did err, it was
    harmless—we affirm.
    Facts
    [2]   Twenty-one-year-old Moath Nassir was murdered on December 29, 2014, in
    front of the convenience store he owned and operated in Fort Wayne. He and
    Williams knew each other—Williams would occasionally walk in the store,
    “look at the camera, stick his middle [finger] up, snatch something, and run out
    the door.” Tr. 430. Williams also sometimes sold stolen electronics to Nassir.
    Two weeks before December 29, Nassir kicked Williams out of the store for
    stealing.
    [3]   The video surveillance cameras recorded a man in a black hoodie and white
    tennis shoes walking near the store around 8 p.m. on December 29. Jacquease
    Jeanty, who Williams encountered near the store, later identified Williams as
    that man. Williams told Jeanty that he wanted to steal a hoodie from the store,
    1
    
    Ind. Code § 35-42-1-1
    .
    2
    
    Ind. Code § 35-50-2-11
    .
    3
    I.C. § 35-42-5-1.
    Court of Appeals of Indiana | Memorandum Decision 02A04-1508-CR-1125 | March 11, 2016   Page 2 of 6
    but Jeanty declined to participate. Jeanty was continuing toward his house
    when he heard a single gunshot a few minutes later.
    [4]   A few moments after the surveillance cameras recorded Williams and Jeanty
    walking near the entrance to the store, the cameras recorded Williams and
    Nassir running out of the alley on the side of the store. The tape captured a
    struggle in which Williams climbed on top of Nassir and punched and kicked
    him several times. At some point during the fight, Williams shot Nassir in the
    stomach. Later ballistics evidence confirmed that the bullet was fired from
    within a few inches of Nassir’s body. Nassir bled to death from the wound.
    [5]   Around 9 p.m., Williams showed up at his friend’s house. He entered, but
    exited a few minutes later to vomit outside. Henry Sweeney was at that house,
    and would later testify that Williams said, “sh*t went bad” and “he tried to
    fight and I shot him.” Tr. 232. Williams had told Sweeney before that he
    thought Nassir’s store would be easy to rob. Williams also showed Sweeney an
    iPhone and cash that he said he took from Nassir.
    [6]   Williams also told Paul Manuel, a former employee of Nassir, that he killed
    Nassir. Williams showed Manuel the iPhone, and Manuel observed that
    Nassir’s pictures were still on the phone. Williams also showed Manuel some
    injuries that Williams sustained in his fight with Nassir.
    [7]   A DNA analysis disclosed Williams’s DNA on Nassir’s sweater. When the
    police searched Williams’s residence, they found white tennis shoes, a black
    jacket, and Nassir’s identification documents.
    Court of Appeals of Indiana | Memorandum Decision 02A04-1508-CR-1125 | March 11, 2016   Page 3 of 6
    [8]    In January 2015, Manuel told the police what Williams had told him. On April
    12, 2015, the State charged Williams with murder, felony murder, robbery, and
    alleged an enhancement due to Williams’s use of a firearm.
    [9]    At trial, Manuel failed to appear, and the trial court ruled that his deposition
    testimony would be read into the record. Counsel for Williams objected,
    arguing that the admission of the deposition would violate Williams’s right to
    confront and cross-examine,4 and that if it were admitted, it should be admitted
    in its entirety with no redactions. The trial court eventually sided with the
    State, allowing the following redactions: Manuel’s two prior felony convictions,
    which were over twenty years old; some details regarding the stolen electronics
    Williams would occasionally sell to Nassir; and the circumstances surrounding
    Manuel’s initial statement to the police (he was in the back of a police car).
    [10]   On June 26, 2015, the jury found Williams guilty as charged. The trial court
    vacated the felony murder conviction, and sentenced Williams to sixty-five
    years for murder—enhanced by twenty years for the use of a firearm—and six
    years for the robbery, to be served consecutively. Williams now appeals.
    4
    Counsel for Williams was present at the deposition, and, although Williams was not present himself,
    counsel for Williams did not request that Williams be present. Williams does not assert on appeal that the
    admission of this deposition violated his right to confront and cross-examine.
    Court of Appeals of Indiana | Memorandum Decision 02A04-1508-CR-1125 | March 11, 2016             Page 4 of 6
    Discussion and Decision
    [11]   Williams has one argument on appeal: he argues that the omission of the
    redacted portions of Manuel’s deposition was reversible error. The admission
    or exclusion of evidence is a matter left to the sound discretion of the trial court,
    and we will reverse only upon an abuse of that discretion. Greenboam v. State,
    
    766 N.E.2d 1247
     (Ind. Ct. App. 2002). An abuse of discretion occurs where the
    decision is clearly against the logic and effect of the facts and circumstances. 
    Id.
    [12]   We first find that the trial court did not err by admitting the redacted version of
    Manuel’s deposition into evidence. Indiana Evidence Rule 106 provides that
    “[i]f a party introduces all or part of a writing or recorded statement, an adverse
    party may require the introduction, at that time, of any other part—or any other
    writing or recorded statement—that in fairness ought to be considered at the
    same time.” However, “a court need not admit the remainder of the statement,
    or portions thereof, that are neither explanatory nor relevant to the portions
    already introduced.” Lieberenz v. State, 
    717 N.E.2d 1242
    , 1248 (Ind. Ct. App.
    1999).
    [13]   Here, the portions redacted did not add context to Manuel’s statement. The
    redactions included (1) prior convictions that, because of their age, would not
    have been admissible if Manuel had testified in person, (2) prejudicial
    information regarding irrelevant illegal activities the victim and Williams were
    allegedly involved in, and (3) the location of Manuel when he first spoke with
    Court of Appeals of Indiana | Memorandum Decision 02A04-1508-CR-1125 | March 11, 2016   Page 5 of 6
    police. We cannot say that the trial court abused its discretion to find that
    fairness did not require the inclusion of this information.
    [14]   But even if we were to assume that these portions of the deposition should have
    been admitted, the error would clearly be harmless. An error is harmless if its
    probable impact on the jury, in light of all of the evidence in the case, is
    sufficiently minor so as not to affect the substantial rights of the parties. Griffin
    v. State, 
    664 N.E.2d 373
    , 376 (Ind. Ct. App. 1996).
    [15]   In this case, the State presented the following evidence of Williams’s guilt: a
    surveillance tape of the murder, a witness who identified Williams as the person
    on the tape, multiple witnesses to whom Williams confessed, multiple witnesses
    to whom Williams stated his intent to rob the store, multiple witnesses who saw
    the victim’s phone in Williams’s possession, Williams’s extensive history of
    previous robberies of the store, Williams’s DNA on the victim, the exact
    matching outfit of clothes of the person caught on tape found in Williams’s
    residence, and the victim’s identification papers found in Williams’s possession.
    We cannot believe that the inclusion of three redacted portions of one witness’s
    testimony, on matters tangentially related to the case, could have possibly
    swayed the jury’s mind.
    [16]   The judgment of the trial court is affirmed.
    Bradford, J., and Pyle, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 02A04-1508-CR-1125 | March 11, 2016   Page 6 of 6
    

Document Info

Docket Number: 02A04-1508-CR-1125

Filed Date: 3/11/2016

Precedential Status: Precedential

Modified Date: 3/11/2016