Bradley Hunt v. State of Indiana (mem. dec.) ( 2015 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Mar 31 2015, 10:24 am
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
Mark Leeman Gregory F. Zoeller
Cass County Public Defender Attorney General of Indiana
Leeman Law Offices
Katherine Modesitt Cooper
Logansport, Indiana
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Bradley Hunt, March 31, 2015
Appellant-Defendant, Court of Appeals Case No.
09A02-1409-CR-686
v. Appeal from the Cass Circuit Court.
The Honorable Leo T. Burns, Judge.
Cause Nos. 09C01-1101-JD-4
State of Indiana, 09C01-1104-MR-1
Appellee-Plaintiff
Baker, Judge.
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Following his guilty plea to voluntary manslaughter, Bradley Hunt appeals the
juvenile court’s waiver of juvenile jurisdiction. Hunt argues that there was no
probable cause to believe that he committed an act that would be murder if
committed by an adult and maintains that waiver was not in the best interest of
himself and the community. Finding no error, we affirm.
Facts
[1] On January 12, 2011, Daniel Martin and David Gipson agreed to fight each
other at a photography studio parking lot that was near the River Bluff Trail in
Logansport. Both Martin and Gipson invited friends to come and watch the
altercation. Hunt came to watch the fight.
[2] The fight occurred, but ended quickly when Gipson overtook Martin. Gipson
then returned to his car. Once Gipson was in the car, Hunt approached the car
and struck Gipson’s window with his hand. Zachary Franklin, a friend of
Gipson, was standing near the car. A confrontation took place between
Franklin and Hunt. Franklin struck Hunt, who fell to the ground. When Hunt
got up, he had a knife in his hand, which he swung towards Franklin. To the
witnesses, it looked like Hunt was punching Franklin, who yelled that Hunt had
stabbed him. Franklin died shortly after. It was later determined that Franklin
sustained wounds to the heart, abdomen, and cheek. At the time of the
incident, Hunt was on supervised probation, as he had previously been
adjudicated a delinquent child for criminal mischief and consumption of
alcohol.
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[3] On January 14, 2011, the State filed a request for authorization to file a
delinquency petition, along with its written report, including sworn affidavits
prepared and submitted by officers of the Logansport Police Department. The
juvenile court determined that the information was trustworthy and that
probable cause existed to believe that Hunt committed an act that would be
murder if committed by an adult. The juvenile court approved the request, and
the State filed a delinquency petition alleging Hunt to be a delinquent child for
murder, a felony if committed by an adult.
[4] Along with the petition, the State filed a motion for waiver of juvenile
jurisdiction pursuant to Indiana Code section 31-30-3-4. The juvenile court
held a waiver hearing on April 4, 2011. At the hearing, the State called
Logansport Police Department Detective Bradley Miller. Miller testified that
he had been called in to assist in the report of a stabbing on January 12, 2011,
and that he had interviewed several witnesses, who reported that an altercation
had occurred between Franklin and Hunt and that Hunt had a knife.
[5] On April 11, 2011, the juvenile court issued its order waiving jurisdiction. The
State charged Hunt with murder on April 12, 2011. On August 8, 2011, Hunt
pleaded guilty to voluntary manslaughter. The trial court sentenced Hunt to
thirty years for the voluntary manslaughter conviction.
[6] On August 7, 2014, Hunt filed a petition for permission to file a belated appeal
pursuant to Indiana Post-Conviction Rule 2(1). The prosecutor then filed a
notice that he did not object to Hunt’s appeal of the waiver of juvenile
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jurisdiction. The trial court granted Hunt permission to file a belated notice of
appeal. This appeal ensued.
Discussion and Decision
[7] Hunt appeals the juvenile court’s decision to waive jurisdiction to the adult
court. We review a juvenile court’s decision to waive jurisdiction only for an
abuse of discretion. Vance v. State, 640 N.E.2d 51, 57 (Ind. 1994). It is for the
juvenile court judge, after weighing the effect of retaining or waiving
jurisdiction, to determine which is the more desirable alternative. Id. We will
not reweigh the evidence or judge the credibility of witnesses. K.M. v. State, 804
N.E.2d 305, 308 (Ind. Ct. App. 2004). We look only to the evidence most
favorable to the State and the reasonable inferences to be drawn therefrom, and
we consider both the waiver hearing and the findings of fact given by the court.
Id. Juvenile proceedings, unlike criminal proceedings, are civil in nature and
the burden is on the State to establish by a preponderance of the evidence that
juvenile jurisdiction should be waived. Id. The juvenile court is entitled to give
the evidence before it whatever weight it deems appropriate. Id.
[8] Waiver of a juvenile who has committed an act that would be murder if
committed by an adult is governed by Indiana Code section 31-30-3-4, which
provides:
Upon motion of the prosecuting attorney 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;
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(2) there is probable cause to believe that the child has committed the
act; and
(3) the child was at least ten (10) years of age 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 the child to remain within the juvenile
justice system.
There is a presumption in favor of waiver “when the State satisfies the statutory
prerequisites that the act charged would be a specified crime if committed by an
adult, that the child meets the minimum age specification, and that probable
cause exists to believe the child committed the act.”1 Soward v. State, 606
N.E.2d 885, 886 (Ind. Ct. App. 1993) (interpreting a prior version of the
statute).
[9] Hunt first argues that the juvenile court did not have probable cause to believe
that he committed an act that would be murder if committed by an adult.
Rather, Hunt argues that the evidence showed that he acted in sudden heat.
Probable cause exists when the facts and circumstances within an officer’s
knowledge, which are based upon reasonably trustworthy information, are
sufficient to warrant a reasonable man’s belief that a crime has been or is being
committed. Strosnider v. State, 422 N.E.2d 1325, 1328 (Ind. Ct. App. 1981).
This standard requires more than a reasonable suspicion, but does not require
proof beyond a reasonable doubt. Id.
1
Hunt was fifteen years of age when the charged act was committed. He was born on July 18, 1995.
Appellant’s App. p. 50.
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[10] Hunt contends that he presented evidence that raised the issue of sudden heat.
He argues that the following evidence suggests the presence of sudden heat: 1)
an altercation occurred between Hunt and Franklin; 2) Franklin was over fifty
pounds heavier than Hunt; 3) Franklin struck Hunt in the face, knocking him to
the ground; and 4) there was no evidence that Hunt had a knife in his hand
until after he was knocked to the ground by Franklin. Tr. p. 31-32, 60, 63-65,
71; Appellant’s App. p. 50. Hunt argues that a reasonable person, especially a
reasonable child, would be acting in sudden heat under these circumstances.
[11] However, the juvenile court also heard evidence at the waiver hearing that
Hunt came to watch a fight armed with a folding knife. Id. at 33. It heard
evidence that Hunt had a physical altercation with Franklin and that he stabbed
Franklin during the altercation. Id. at 31-32. Moreover, the juvenile court
heard evidence that Franklin sustained stab wounds to the heart, chest, and
cheek and that Hunt later bragged about stabbing Franklin. Id. at 36. In
addition to the evidence at the waiver hearing, the juvenile court considered the
affidavits and reports that were submitted with the delinquency petition and
found that information to be trustworthy. The court found that this evidence
established that probable cause existed to find Hunt committed an act that
would be murder if committed by an adult. Hunt’s argument is a request to this
Court to reweigh the above evidence, which we will not do.
[12] Next, Hunt argues that waiver was not in his best interest or the best interest of
the community. Hunt places particular weight on the evaluation of a
psychologist at the Muncie Reception and Detention Center. In that
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evaluation, the psychologist determined that Hunt had a low intellectual and
age intelligence, and recommended “placement in a residential facility for the
longest period of time possible.” Ex. Vol. I. p. 26. Hunt argues that he should
have been placed in a residential facility, where trained staff could have given
Hunt serious mental health treatment to “help him take accountability for his
behaviors.” Appellant’s Br. p. 20.
[13] While Hunt places significant emphasis on the psychologist’s report, we note
that “the juvenile court in holding the waiver hearing is not compelled to give
overriding weight to testimony that supports a finding the juvenile should
remain in the juvenile system.” Gerrick v. State, 451 N.E.2d 327, 330 (Ind.
1983). Again, we will only reverse the juvenile court’s determination of waiver
for an abuse of discretion. Id.
[14] Here, the juvenile court heard evidence that showed Hunt had already received
treatment under the juvenile system and had failed to change his behavior. At
the time of the charged incident, Hunt was already under the jurisdiction of the
juvenile justice system as a result of being adjudicated a delinquent for criminal
mischief and consumption of alcohol. Appellant’s App. p. 51. Hunt was on
probation at the time, and had violated the conditions of that probation several
times prior to April 2010, when he was placed in a youth center. Id. at 51-52.
He had also been participating in an intensive day treatment called
“Alternatives.” Id at 51. In its waiver order, the juvenile court noted that:
During his period of supervised juvenile probation between August 17,
2009 and January 12, 2011, [Hunt] was afforded all the services for
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juveniles that Cass County has available. He was placed in secure
detention on two separate occasions and completed a period of
residential placement.
Tr. p. 52. Notwithstanding the prior opportunities and services Hunt had been
afforded, he still committed the instant offense, a violent act. Under these
circumstances, we cannot say that the juvenile court abused its discretion in
granting the waiver of juvenile jurisdiction.
[15] The judgment of the juvenile court is affirmed.
Najam, J., and Friedlander, J., concur.
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