Gregory Bruce Grider, Jr. v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
FILED
regarded as precedent or cited before any Mar 16 2018, 9:33 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
Scott L. Barnhart Curtis T. Hill, Jr.
Brooke Smith Attorney General of Indiana
Keffer Barnhart LLP
Henry A. Flores, Jr.
Indianapolis, Indiana Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Gregory Bruce Grider, Jr., March 16, 2018
Appellant-Defendant, Court of Appeals Case No.
18A05-1706-CR-1484
v. Appeal from the Delaware Circuit
Court
State of Indiana, The Honorable Marianne L.
Appellee-Plaintiff. Vorhees, Judge
Trial Court Cause No.
18C01-1607-F1-5
Pyle, Judge.
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Statement of the Case
[1] Gregory B. Grider, Jr. (“Grider”) appeals his convictions and sentences for two
counts of Level 1 felony attempted murder.1 On appeal, he argues that: (1) the
State presented insufficient evidence to support his convictions; and (2) his
sentence was inappropriate in light of the nature of his offense and his
character. Because we conclude that there was sufficient evidence to support
Grider’s convictions and his sentence was not inappropriate, we affirm the trial
court’s decision.
[2] We affirm.
Issues
1. Whether there was sufficient evidence to convict Grider of
attempted murder.
2. Whether Grider’s sentence was inappropriate.
Facts
[3] On May 27, 2016, the Delaware County Sheriff’s Office received a 911 call
reporting that a woman, Jennifer Bradford (“Bradford”), was being held
hostage at gunpoint by her boyfriend, Grider. Dispatch warned the officers that
Grider had three active felony arrest warrants and had previously threatened to
“have a shootout with the police.” (Tr. Vol. 2 at 185). Several officers
1
IND. CODE §§ 35-42-1-1(1) and 35-41-5-1.
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convened to determine how to approach the situation and then proceeded to the
reported address to do a welfare check on Bradford.
[4] At the residence, Corporal David Lee Williams (“Corporal Williams”) and
Deputy Anthony Johnson (“Deputy Johnson”) approached the front door while
other officers took up posts around the home. As Corporal Williams and
Deputy Johnson stepped onto the porch, a motion sensor caused a “chime” to
“go off.” (Tr. Vol. 2 at 228). Deputy Johnson, who knew Grider, looked into a
window and identified Grider sitting next to a woman on a couch. He told
Corporal Williams that he could see Grider and then knocked on the door and
announced, “Sheriff’s Office.” (Tr. Vol. 2 at 228). In response, Grider and the
woman stood up and walked toward the back of the home.
[5] Deputy Johnson then tested the door handle, discovered that it was unlocked,
and turned to relay that information to Corporal Williams. When he turned
back around, Grider had returned. However, Grider did not answer the door.
He started to step backwards, so Deputy Johnson knocked on the door and
announced his presence again, this time “a lot more forcefully.” (Tr. Vol. 2 at
234). When Grider did not respond, the officers entered the home and yelled at
him to show his hands. Grider stepped backwards and refused to comply.
Instead, he “blad[ed]” his body so that his head was facing towards the officers
and his body was turned away from them. (Tr. Vol. 3 at 74). At that point,
Deputy Johnson heard a “distinct pop” that sounded “like a firecracker” and
smelled gunpowder. (Tr. Vol. 2 at 244). Corporal Williams saw a muzzle flash
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and heard a “firecracker.” 2 (Tr. Vol. 3 at 75). He also saw Grider holding a
gun and pointing it in the officers’ direction. There was then a “second pop,”
and Deputy Johnson saw a muzzle flash from the area of Grider’s waistline.
(Tr. Vol. 2 at 246). The muzzle flash was pointed in the officers’ direction.
[6] After the second shot, Deputy Johnson shot Grider, and Grider fell to the floor.
As Grider was lying on his left side, he continued to “actively fish[] or search[]”
down by him stomach area with his left hand. (Tr. Vol. 2 at 249). Because
Deputy Johnson believed that Grider was continuing to look for his gun, he
then shot him a second time. At that point, Grider started yelling “I’m done.
I’m done. I’m done,” and the officers were able to take him into custody. (Tr.
Vol. 2 at 249). As they did so, Grider yelled “kill me,” “shoot me in the head,”
and “I wish I was trying to go for my .45.” (Tr. Vol. 3 at 32, 87). The officers
found Grider’s gun in the place where he had been lying.
[7] On July 19, 2016, the State charged Grider with two counts of Level 1 felony
attempted murder. At Grider’s jury trial, Corporal Williams, Deputy Johnson,
and the other officers who had been at the scene testified to the above facts.
Corporal Williams was asked whether he was “absolutely positive [Grider] [had
been] firing at [him] and [Deputy] Johnson,” and Corporal Williams responded
“Yes.” (Tr. Vol. 3 at 94).
2
According to Deputy Johnson, a muzzle flash is a “flash of light” that occurs when a firearm is fired and
the powder burns. (Tr. Vol. 2 at 246).
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[8] In addition, Jennifer Davis (“Davis”), a home detention supervisor for the
Delaware County Community Corrections, also testified at Grider’s trial. She
said that, a few months prior to the events that occurred in the instant cause,
Grider had told her that he had previously been in a shootout and that “if the
pigs [came] for [him], they better be prepared for a shootout because [he]
[would] kill them.” (Tr. Vol. 2 at 168). Davis said that she had asked Grider
whether he meant “law enforcement” when he said “pig[s],” and Grider had
responded “yea, like I said, pigs.” (Tr. Vol. 2 at 168).
[9] At the conclusion of the trial, the jury found Grider guilty as charged.
Subsequently, the trial court held a sentencing hearing. At the hearing, the
State introduced Grider’s pre-sentence investigation report (“PSI”), which
revealed that, at twenty-nine years old, Grider had an extensive criminal
history. As a juvenile, he had been adjudicated a delinquent for committing
offenses that would have been considered Class A misdemeanor battery
resulting in bodily injury and Class D felony failure to return to lawful
detention if committed by an adult. As an adult, he had been convicted of five
misdemeanor and four felony offenses, including two convictions for Class D
felony residential entry, one conviction for Class D felony battery resulting in
bodily injury, and one conviction for Class D felony dealing in hashish. The
felony battery resulting in bodily injury conviction was based on Grider’s 2011
attack on a correctional officer while he was incarcerated.
[10] In addition to these convictions, Grider still had three felony and four
misdemeanor charges pending in other causes at the time of the sentencing
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hearing. He had escaped from a treatment facility while on release for the
pending charges, which had resulted in the warrants that had been active for his
arrest when he committed the instant offenses.
[11] The PSI also noted that the “cover page” of Grider’s Facebook account had the
word “Gunemdown” listed in parenthesis.3 (App. Vol. 3 at 99). The PSI
documented that when asked what was meant by “Gunemdown,” Grider had
“smiled and chuckled” and said that a friend had given him that nickname.
(App. Vol. 3 at 99). The probation officer noted that Grider “could not explain
. . . what he felt was funny about the nickname or why his friend [had given]
him the nickname.” (App. Vol. 3 at 99). The State asked him about this
nickname during the sentencing hearing, and Grider said that it was a “joke,”
but he still could not explain why it was a joke. (Tr. Vol. 5 at 129). He said
that the nickname came about because he “grew up with rifles and stuff at [his]
house when [he] was a kid.” (Tr. Vol. 5 at 130).
[12] Grider also testified at the sentencing hearing and told the court that he had
mental illnesses and substance abuse issues and would have lasting health
effects from the bullet wounds he had received when Deputy Johnson shot him.
3
Pursuant to Indiana Administrative Rule 9(G)(2)(b) and INDIANA CODE § 35-38-1-13, the PSI must be
excluded from public access. However, in this case the information contained in the PSI is “essential to the
resolution” of Grider's claim on appeal. Ind. Admin. Rule 9(G)(7)(a)(ii)(c). Accordingly, we have included
confidential information in this decision only to the extent necessary to resolve the appeal.
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[13] At the conclusion of the hearing, the trial court sentenced Grider to forty (40)
years executed for each attempted murder conviction, with the sentences to be
served consecutively, for an aggregate sentence of eighty (80) years. The trial
court gave Grider’s mental health and substance abuse issues “no weight” as
Grider had received “numerous opportunities” to address those issues and had
failed to do so. (Tr. Vol. 5 at 157, 158). The trial court also chose to give
Grider’s physical injuries “no weight” as he had suffered the injuries by
“engaging in the crimes for which he was convicted.” (Tr. 158). Grider now
appeals.
Decision
[14] Grider raises two arguments on appeal: (1) there was insufficient evidence to
support his convictions; and (2) his sentence was inappropriate. We will
address each of these arguments in turn.
1. Sufficiency
[15] First, Grider argues that the convictions for attempted murder should be set
aside where the evidence was insufficient to establish that he manifested the
specific intent to kill Corporal Williams and Deputy Johnson. Our standard of
review for sufficiency of the evidence claims is well-settled. We consider only
the probative evidence and reasonable inferences supporting the judgment.
Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We do not reweigh the
evidence or judge witness credibility. Id. We will affirm the conviction unless
no reasonable fact finder could find the elements of the crime proven beyond a
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reasonable doubt. Id. The evidence is sufficient if an inference may be
reasonably drawn from it to support the judgment. Id. at 147.
[16] In order to convict Grider of attempted murder, the State had to prove that he
“engage[d] in conduct that constitute[d] a substantial step toward commission
of,” I.C. § 35-41-5-1, “knowingly or intentionally kill[ing] another human
being.” I.C. § 35-42-1-1(1). A conviction for attempted murder requires proof
of a specific intent to kill. Henley v. State, 881 N.E.2d 639, 652 (Ind. 2008).
Because intent is a mental state, intent to kill may be inferred from the
deliberate use of a deadly weapon in a manner likely to cause death or serious
injury. Id. Firing a gun in the direction of an individual is substantial evidence
from which a jury may infer intent to kill. Id.[17] Here, Grider argues that his statement to Davis that he intended to have a
shootout with any police that came after him was not sufficient to prove his
intent to murder Corporal Williams and Deputy Johnson. However, we need
not consider Grider’s statement to Davis. At Grider’s trial, Corporal Williams
was asked whether he was “absolutely positive [Grider] [had been] firing at
[him] and [Deputy] Johnson,” and Corporal Williams responded “Yes.” (Tr.
Vol. 3 at 94). Further, although Deputy Johnson did not see Grider’s first shot,
he saw Grider holding a gun and pointing it in the officers’ direction during the
second shot. As stated above, firing a gun in the direction of an individual is
substantial evidence from which a jury may infer intent to kill. See Henley, 881
N.E.2d at 652. Accordingly, we conclude that there was sufficient evidence of
Grider’s intent to support his convictions for attempted murder.
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2. Sentencing
[18] Next, Grider argues that his sentence was inappropriate. Under Indiana
Appellate Rule 7(B), we may revise a sentence if it is inappropriate in light of
the nature of the offense and the character of the offender. The defendant has
the burden of persuading us that his sentence is inappropriate. Childress v. State,
848 N.E.2d 1073, 1080 (Ind. 2006). The principal role of a Rule 7(B) review is
“to attempt to leaven the outliers, and identify some guiding principles for trial
courts and those charged with improvement of the sentencing statutes, but not
to achieve a perceived ‘correct’ result in each case.” Cardwell v. State, 895
N.E.2d 1219, 1225 (Ind. 2008). Whether a sentence is inappropriate ultimately
turns on “the culpability of the defendant, the severity of the crime, the damage
done to others, and a myriad of other factors that come to light in a given case.”
Id. at 1224.
[19] When determining whether a sentence is inappropriate, we acknowledge that
the advisory sentence “is the starting point the Legislature has selected as an
appropriate sentence for the crime committed.” Childress, 848 N.E.2d at 1081.
A Level 1 felony has a sentencing range of twenty (20) to forty (40) years with
an advisory sentence of thirty (30) years. As Grider received consecutive forty-
year sentences, his aggregate sentence was the maximum he could receive. He
argues that such a sentence was inappropriate in light of the nature of his
offenses and his character. We disagree.
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[20] With respect to the nature of Grider’s offenses, we note that Grider was a
“fugitive” when he committed the offenses as he had escaped from a treatment
facility after he had been granted release in three separate criminal causes so
that he could seek treatment. (Tr. Vol. 5 at 138). As a result of his escape,
there were three active warrants for his arrest. In order to avoid being arrested,
Grider shot at two uniformed police officers acting in the course of their duties.
Then, even after Deputy Johnson shot Grider, Grider continued to search on
the floor for his gun.
[21] Turning to Grider’s character, we note that his attempted murder convictions
were not the only evidence of his contempt for law enforcement. In his
conversation with his home detention supervisor, he called police officers
“pigs” and said he would get in a “shootout with,” and kill, any “pigs” who
came for him. (Tr. Vol. 2 at 168). He was also convicted in 2011 of Class D
felony battery resulting in bodily injury for attacking a correctional officer while
he was incarcerated. These actions demonstrate, as the trial court
characterized, Grider’s “aggressive, hostile, and violent disdain for law
enforcement officers and our criminal justice system.” (Tr. Vol. 5 at 141).
[22] Grider also has a significant criminal history that includes four felony
convictions and three pending felony charges. He has been given opportunities
to rehabilitate but has failed to take advantage of those opportunities.
Specifically, he was given release in three pending cases so that he could receive
treatment, but he absconded from the treatment facility after four days and did
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not return to custody. Similarly, prior attempts at jail, electronic home
detention, and supervised probation have not rehabilitated Grider.
[23] In light of the above evidence regarding the nature of Grider’s offenses and his
character, we do not find his sentence inappropriate.
[24] Affirmed.
Kirsch, J., and Bailey, J., concur.
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