Kareem Jahbbar Williams v. State of Indiana (mem. dec.) ( 2019 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Apr 16 2019, 9:19 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Kristin A. Mulholland Curtis T. Hill, Jr.
Appellate Public Defender Attorney General
Crown Point, Indiana
Matthew B. MacKenzie
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Kareem Jahbbar Williams, April 16, 2019
Appellant-Defendant, Court of Appeals Case No.
18A-CR-2158
v. Appeal from the Lake Superior
Court
State of Indiana, The Honorable Samuel L. Cappas,
Appellee-Plaintiff Judge
Trial Court Cause No.
45G04-1604-MR-6
Crone, Judge.
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Case Summary
[1] Kareem Jahbbar Williams appeals his convictions for murder, level 6 felony
altering the scene of a death, level 6 felony auto theft, level 6 felony mutilating a
corpse, and level 6 felony fraud. He argues that the trial court abused its
discretion in admitting his confession. Finding no abuse of discretion, we
affirm.
Facts and Procedural History
[2] In the early morning hours of April 12, 2016, Williams was involved in a verbal
and physical altercation with Diamond Lewis regarding the paternity of their
infant child (“Child”) at Lewis’s Merrillville apartment. Child was also present
somewhere in the apartment. As Williams and Lewis fought, Williams began
choking Lewis. He “couldn’t stop” and ultimately strangled Lewis to death.
Tr. Vol. 5 at 197.
[3] Williams telephoned Tangiere Dauway and told her that Lewis was “gone.”
Tr. Vol. 3 at 33. Williams drove Lewis’s car to Dauway’s home. When he
arrived at Dauway’s, he told her, “I killed my baby’s mother.” Id. at 36.
Dauway got in Lewis’s car. Child was in her car seat in the back. Williams
drove them back to Lewis’s apartment.
[4] Williams, Dauway, and Child went into Lewis’s apartment. Williams led
Dauway to a bedroom where Dauway saw Lewis’s “lifeless body on the bed.”
Id. at 43. Dauway believed that Lewis had been strangled. Id. at 75. Williams
asked Dauway to perform CPR on Lewis, but Dauway refused because Lewis
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was already dead. Williams apologized to Lewis and kissed her on the
forehead. Williams then got Child out of her car seat and asked her, “[D]o you
want to see your mother for the last time?” Id. at 46. Williams held Child so
that she could give Lewis a kiss.
[5] Williams and Dauway returned to Lewis’s car and put Child in the back seat
with some diapers and a suitcase that they had retrieved from Lewis’s
apartment. Williams went back into Lewis’s apartment and returned to the car
carrying Lewis’s body. He put her body in the back seat and covered it with a
black jacket. Williams drove Dauway home and told her that he had “some
things to handle.” Id. at 52. He left Child with Dauway and drove away in
Lewis’s car.
[6] While still driving Lewis’s car, Williams picked up Alexis Alexander. They
drove around until they found an abandoned house in Gary. They put Lewis’s
body in the basement and set her body on fire. Then, they returned to
Dauway’s home and picked up Child to take her to Williams’s mother.1
[7] On April 15, 2016, Lewis’s father reported to law enforcement that Lewis was
missing. Detective Nathaniel Dillahunty of the Merrillville Police Department
was assigned to investigate. On April 19, 2016, Detective Dillahunty
interviewed Williams at the Merrillville police station. Detective Dillahunty
advised Williams of his Miranda rights, and Williams signed a written waiver of
1
Williams’s mother brought Child to the police station on April 19, 2016.
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those rights. Williams admitted no wrongdoing and was released. Detective
Dillahunty also interviewed Alexander, who apparently admitted no
wrongdoing and was released.
[8] Police continued to investigate Lewis’s disappearance and discovered that
Williams and Alexander had used Lewis’s VISA debit card, which was linked
to the account in which she received government assistance from the Indiana
Family and Social Services Administration. Police also learned that Williams
and Alexander had sold Lewis’s vehicle to a local auto repair shop.
[9] On April 21, 2016, Detective Dillahunty interviewed Alexander at the Gary
Police Department. After Alexander had been advised of and waived her
Miranda rights, she informed Detective Dillahunty of the location of Lewis’s
body. Police went to the abandoned house and found Lewis’s burned body in
the basement. The coroner determined that Lewis’s cause of death was
asphyxiation due to strangulation and that the burns to her body were
postmortem.
[10] Police arrested Alexander and brought Williams to the Gary Police Department
for questioning. Detective Dillahunty and Merrillville Police Detective Robert
Wiley interviewed Williams. At approximately 12:21 a.m. on April 22,
Williams was advised of and signed a written waiver of his Miranda rights. The
interview concluded at approximately 3:08 a.m., and Williams was arrested.
[11] At 3:20 a.m., Detective Wiley placed a handcuffed Williams in his police
vehicle to transport him to the Lake County Jail. Tr. Vol. 5 at 188. Before
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Detective Wiley had driven to the first stoplight, about a block away from the
police station, Williams asked, “Can I ask you a hypothetical question?” Id. at
189. Williams also inquired as to whether Alexander had been arrested based
on her statements to police and whether Detective Wiley was recording their
conversation. After Detective Wiley told Williams that the vehicle did not have
recording equipment, Williams asked, “[W]hat if somebody else was involved
in this?” Id. at 191. Detective Wiley replied, “I can’t answer that. I don’t
know their level of involvement. I don’t know, you know, you’ve got to tell me
more for me to answer that question.” Id. Williams answered, “Well, what if I
called someone to help me before I called [Alexander].” Id. Detective Wiley
asked, “Help you what?” Id. Williams replied, “Come on, man.” Id. at 192.
Detective Wiley responded, “Look, it’s you and me in here. We’re not
recording anything. We’re two guys sitting in a truck. If we’re going to talk
like men, we’ll talk like men, but I’m not going to play this game.” Id.
[12] Williams told Detective Wiley that he did not want Dauway involved “in any
of this” and questioned the detective about what Alexander had told the police.
Id. at 193. Williams informed Detective Wiley that Alexander had gone with
him into the abandoned house and had carried the lighter fluid. Id. at 195.
Detective Wiley asked, “Man, just what happened? What happened that day?”
Id. Williams divulged that he and Lewis had been arguing and that he had
choked and killed her. Id. at 197-98. At that point, Detective Wiley asked
Williams if they could go to the police station and formally record their
conversation. Id. at 199. Williams questioned whether Alexander would be at
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the police station, and when he learned that she could be there, he said, “Let’s
just keep it like this. Let’s just do this.” Id. at 200. Williams then revealed that
he had called Alexander and she helped him hide Lewis’s body in the basement
of the abandoned house and set the body on fire. Id. at 200-01. When they
arrived at the jail at 3:37 a.m., Williams informed Detective Wiley that he
“could write this all down if [he] want[ed] to.” Id. at 202. Detective Wiley
wrote down his recollection of their conversation within fifteen minutes.
[13] The State charged Williams with murder, level 6 felony altering the scene of a
death, level 6 felony obstruction of justice, level 6 felony auto theft, level 6
felony mutilating a corpse, and level 6 felony fraud. Appellant’s App. Vol. 2 at
46-47. Williams filed a motion to suppress his confession to Detective Wiley.
Following an evidentiary hearing, the trial court denied Williams’s motion.
[14] A six-day jury trial was held. Dauway, Detective Dillahunty, and Detective
Wiley testified for the State. Williams objected to the admission of his
confession. The trial court overruled his objection, and Detective Wiley
testified that Williams confessed to Lewis’s murder. The jury found Williams
guilty as charged, and the trial court entered judgment of conviction on all
counts.
[15] At the sentencing hearing, the trial court vacated the obstruction conviction on
double jeopardy grounds and sentenced Williams to an aggregate term of
seventy-two and a half years. This appeal ensued.
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Discussion and Decision
[16] Williams asserts that his confession should have been excluded because
Detective Wiley should have readvised him of his Miranda rights. He argues
that without that readvisement, he did not understand his right to remain silent
and the ramifications of talking to Detective Wiley, and therefore his confession
was not voluntary under either the United States or Indiana Constitutions.
[17] We review a trial court’s decision to admit a confession for an abuse of
discretion. Carter v. State, 730 N.E.2d 155, 157 (Ind. 2000). In determining
whether the trial court abused its discretion, “we do not reweigh the evidence
but instead examine the record for substantial probative evidence of
voluntariness.” Id. Also, “[w]e examine the evidence most favorable to the
state, together with the reasonable inferences that can be drawn therefrom.”
Pruitt v. State, 834 N.E.2d 90, 115 (Ind. 2005). “If there is substantial evidence
to support the trial court’s conclusion, it will not be set aside.” Id.[18] “Under the Fifth Amendment to the United States Constitution and Article 1,
Section 14 of the Indiana Constitution, persons shall be free from being
compelled to make disclosures which might subject them to criminal
prosecution or aid in their conviction.” Wells v. State, 30 N.E.3d 1256, 1259-60
(Ind. Ct. App. 2015), trans. denied, cert. denied (2016). To secure a person’s
constitutional right against compulsory self-incrimination, the United States
Supreme Court in Miranda v. Arizona, 384 U.S. 436, 444 (1966), held that “the
prosecution may not use statements, whether exculpatory or inculpatory,
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stemming from custodial interrogation of the defendant unless it demonstrates
the use of procedural safeguards effective to secure the privilege against self-
incrimination.” These procedural safeguards require law enforcement to advise
a person who is going to be subjected to custodial interrogation by law
enforcement “that he has the right to remain silent, that anything he says can be
used against him in a court of law, that he has the right to the presence of an
attorney, and that if he cannot afford an attorney one will be appointed for him
prior to any questioning if he so desires.” Id. Once these so-called “Miranda
rights” or “Miranda warnings” are provided, the individual may knowingly and
intelligently waive his or her rights and agree to answer questions or make a
statement. Id. at 479. “But unless and until such warnings and waiver are
demonstrated by the prosecution at trial, no evidence obtained as a result of
interrogation can be used against [that individual].” Id.[19] Miranda warnings are required only where a suspect is both in custody and
subjected to interrogation. Wells, 30 N.E.3d at 1260. Under Miranda, custodial
interrogation means “questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of his freedom of
action in any significant way.” 384 U.S. at 444. “‘[I]nterrogation’” includes
express questioning and “‘any words or actions on the part of the police (other
than those normally attendant to arrest and custody) that the police should
know are reasonably likely to elicit an incriminating response from the
suspect.’” Hartman v. State, 988 N.E.2d 785, 788 (Ind. 2013) (quoting Rhode
Island v. Innis, 446 U.S. 291, 300-01 (1980)).
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[20] When a defendant challenges the voluntariness of a confession and waiver
under the United States Constitution, the State is required to show by a
preponderance of the evidence that the confession and waiver were voluntary.
Pruitt, 834 N.E.2d at 114 (citing Colorado v. Connelly, 479 U.S. 157, 167-69
(1986) (voluntariness of waiver of Miranda rights) and Lego v. Twomey, 404 U.S.
477, 488-89 (1972) (voluntariness of a confession)). However, the Indiana
Constitution imposes a higher burden on the State, permitting the admission of
a confession only if the State proves “beyond a reasonable doubt that the
defendant voluntarily waived his rights, and that the defendant’s confession was
voluntarily given.” Id. at 114-15 (quoting Miller v. State, 770 N.E.2d 763, 767
(Ind. 2002)). Under either federal or state law, when evaluating whether a
statement was given voluntarily, “the trial court is to consider the totality of the
circumstances, including: ‘the crucial element of police coercion, the length of
the interrogation, its location, its continuity, the defendant’s maturity,
education, physical condition, and mental health.’” Id. (quoting Miller, 770
N.E.2d at 767); see also Scalissi v. State, 759 N.E.2d 618, 625 (Ind. 2001)
(considering influences on voluntariness such as alcohol, drugs, and fatigue).
[21] Williams asserts that he should have been readvised of his Miranda rights
because his formal interrogation had ended and he was being taken to jail, the
police were done with their investigation, and Detective Wiley urged him to
talk by saying, “Look, it’s you and me in here. We’re not recording anything.
We’re two guys sitting in a truck. If we’re going to talk like men, we’ll talk like
men, but I’m not going to play this game.” Tr. Vol. 5 at 192. Williams
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acknowledges that when an interrogation is interrupted, “‘a readvisment is only
necessary when the interruption deprives the suspect of an opportunity to make
an informed and intelligent assessment of his interests.’” Appellant’s Br. at 13
(quoting Wilkes v. State, 917 N.E.2d 675, 683 (Ind. 2009)). He argues that his
inquiries about posing a hypothetical question and the possibility of being
recorded show that he had not had the opportunity to make an informed
assessment of his interest when Detective Wiley urged him to talk.
[22] In Wilkes, the defendant argued that he should have received another set of
Miranda warnings at the start of a police interview that was initiated four hours
after the previous interview had ended. Our supreme court held that, while it
might be the better practice to reiterate Miranda warnings, “‘[i]t is generally
accepted that fresh warnings are not required after the passage of just a few
hours’ [and as] the interruption in Wilkes’s interrogation was part of a
continuing investigation, [his] interests remained clear.” 917 N.E.2d at 683
(quoting 2 WAYNE R. LAFAVE, Criminal Procedure § 6.8(b) (3d ed. 2007)). See
also Ogle v. State, 698 N.E.2d 1146, 1148-49 (Ind. 1998) (concluding that second
advisement of Miranda rights was not required where questioning resumed after
half-hour break).
[23] Here, our review of the record reveals the following circumstances: on April 19
and 22, 2016, Williams was properly advised of his Miranda rights and
knowingly and voluntarily waived his rights; on April 22, Williams was
interviewed in connection with Lewis’s murder; at the conclusion of the April
22 interview, Williams was arrested for Lewis’s murder; only twelve minutes
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elapsed between the end of the interview and the start of the conversation with
Detective Wiley; Williams was in continuous police custody; Detective Wiley
was one of the police officers who had just interviewed Williams; Williams
initiated the conversation with Detective Wiley; at no time did Williams
express a desire to stop talking to Detective Wiley or ask for an attorney;
Williams was given an opportunity to stop the conversation so that it could be
recorded at the police station, and he declined after learning that Alexander
could be present at the police station; and Williams gave Detective Wiley
permission to write down their conversation.
[24] Based on the totality of the circumstances, we cannot say that the cessation of
the formal interrogation, the twelve-minute break, and the change in location
upon Williams’s arrest from police station to police vehicle deprived him of an
opportunity to make an informed and intelligent assessment of his interests.
Rather, there is substantial evidence to support the trial court’s determination
that Williams’s confession was voluntary under either the federal or state
constitution. Williams’s argument boils down to an invitation to reweigh the
evidence, which we must decline. Accordingly, we conclude that the trial court
did not abuse its discretion in admitting Williams’s confession, and we affirm
his convictions.
[25] Affirmed.
Bradford, J., and Tavitas, J., concur.
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