Ronnie Lewis v. State of Indiana

MEMORANDUM DECISION
Jan 26 2015, 9:46 am
Pursuant to Ind. Appellate Rule 65(D), 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
Victoria L. Bailey Gregory F. Zoeller
Indianapolis, Indiana Attorney General of Indiana
William Hackl Brainard
Monika Prekopa Talbot
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Ronnie Lewis, January 26, 2015
Appellant-Defendant, Court of Appeals Cause No.
49A02-1404-CR-264
v. Appeal from the Marion Superior
Court.
State of Indiana, The Honorable Mark D. Stoner.
Cause No. 49G06-1301-FA-3115
Appellee-Plaintiff
Riley, Judge.
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STATEMENT OF THE CASE
[1] Appellant-Defendant, Ronnie Lewis (Lewis), appeals his conviction for
attempted murder, a Class A felony, Ind. Code §§ 35-42-1-1; -41-5-1(2013).
[2] We affirm.
ISSUE
[3] Lewis raises one issues on appeal which we restate as: Whether the State
presented sufficient evidence beyond a reasonable doubt to sustain Lewis’
conviction.
FACTS AND PROCEDURAL HISTORY
[4] On January 12, 2013, Antan Purnell (Purnell) and his relatives went to a bar in
Indianapolis, Indiana to celebrate the birthday of his cousin. As the night wore
into the early morning hours of January 13, the bar became crowded with
people, and Purnell and another patron played a game of pool. While playing,
Purnell saw a five-dollar bill on the ground near the pool table; he picked it up
and put it in his pocket. Immediately, Purnell felt a tap on the shoulder and
heard somebody say, “[G]ive me my mother fucking money.” (Transcript p.
290). Purnell turned around and saw Lewis standing behind him. Purnell
refused to return the money. There was some verbal sparring between the two,
and at one point, Lewis told Purnell, “I’m going to show you’re not tough . . .
I’d hate for somebody to die over five dollars.” (Tr. p. 292). Two other men
who came to the bar with Lewis approached Lewis and started “pulling up their
pants,” which Purnell took as an indication they were ready to fight. (Tr. p.
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293). Shortly thereafter, Lewis and the two men left the pool table, and Purnell
continued shooting pool. Alone, Lewis returned to the pool table area a short
while later and sat on a barstool right behind Purnell. Bothered by his presence,
Purnell asked Lewis what he was doing. Lewis did not respond; instead, he
warned a couple seated nearby by stating, “[I]f I was you all [sic]. . . I would
move . . . and if it goes off and hits you then it ain’t [sic] my fault.” (Tr. p. 303).
Not believing that Lewis was armed, Purnell responded to the indirect threat by
stating, “[I]f you’re going to shoot me[,] then shoot me.” (Tr. p. 303). At that
point, Lewis brandished his gun and pointed it toward Purnell. Responding to
the imminent threat, Purnell pushed Lewis’ arm and the gun discharged.
Purnell then struck Lewis in the face, and the two men fell to the ground with
Purnell landing on top of Lewis. Purnell continued to strike Lewis in the face
using his right hand, and with his left hand, he restrained Lewis’ hand which
held the gun. Lewis, however, was able to overcome Purnell’s clutch and
started firing, striking Purnell once in the stomach. Not knowing that he had
been shot, Purnell continued to punch Lewis but when the bullet wound started
to burn, Purnell loosened his grip and Lewis wiggled away. Determined to stop
Lewis from escaping, Purnell grabbed Lewis’ foot, however, Lewis turned
around, pointed the gun to Purnell’s head and pulled the trigger. The gun did
not go off, and Lewis ran out of the bar.
[5] On January 15, 2013, the State filed an Information charging Lewis with Count
I, attempted murder, a Class A felony, I.C. §§ 35-42-1-1; -41-5-1(2013); and
Count II, carrying a handgun without a license, a Class A misdemeanor, I.C. §
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35-47-2-1. On the morning of the trial, on January 13, 2014, the State amended
the Information correcting the offense date from January 13, 2012, to January
13, 2013. A two-day jury trial was held on January 13-14, 2014, and at the
close of the evidence, the jury only returned a guilty verdict for attempted
murder. On March 19, 2014, at Lewis’ sentencing hearing, the State dismissed
Count II, and the trial court sentenced Lewis to thirty years with ten years
suspended to the Department of Correction.
[6] Lewis now appeals. Additional information will be provided as necessary.
DISCUSSION AND DECISION
[7] Lewis argues that there is insufficient evidence to support his conviction of
attempted murder. Specifically, Lewis argues that the evidence did not permit a
reasonable inference that he had the specific intent to kill Purnell.
[8] Our standard of review for sufficiency claims is well settled. We neither
reweigh the evidence nor judge the credibility of the witnesses. Perrey v. State,
824 N.E.2d 372, 373 (Ind. Ct. App. 2005), trans. denied. We only consider the
evidence most favorable to the judgment and the reasonable inferences to be
drawn therefrom. Id. Where there is substantial evidence of probative value to
support the judgment, it will not be set aside. Id.
[9] A conviction for attempted murder requires proof of specific intent to kill.
Spradlin v. State, 569 N.E.2d 948, 950 (Ind. 1991). Intent to kill may be inferred
from the use of a deadly weapon in a manner likely to cause death or great
bodily injury, in addition to the nature of the attack, and the circumstances
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surrounding the crime. Gall v. State, 811 N.E.2d 969, 975 (Ind. Ct. App. 2004),
trans. denied. Likewise, an assailant’s words may be indicative of an intent to
kill the victim. Tancil v. State, 956 N.E.2d 1204, 1210 (Ind. Ct. App. 2011).
[10] Here, our review of the evidence reveals that after Purnell refused to hand over
the five-dollar bill, Lewis threatened him by stating, “I’d hate for someone to
die over five dollars.” (Tr. p. 292). Lewis also warned bystanders to leave the
pool table area by stating, “[I]f I was you all [sic]. . . I would move . . . and if it
goes off and hits you then it ain’t [sic] my fault.” (Tr. p. 303). Shortly after
Lewis made that statement, Lewis drew a handgun and aimed it at Purnell’s
head. Purnell pushed Lewis’ arm away and the gun discharged, missing
Purnell. In the ensuing struggle, Lewis fired multiple shots, striking Purnell
once in the stomach. Finally, before running away from Purnell, Lewis pointed
the gun to Purnell’s head and pulled the trigger. Fortunately, the gun did not
go off and Lewis fled from the bar. Lewis’ argument that the shots were fired
while trying to defend himself from Purnell amounts to an invitation for this
court to reweigh the evidence, which we will not do. See Perrey, 824 N.E.2d at
373.
[11] Based on the facts surrounding the shooting, including Lewis’ statements and
conduct, the jury could reasonably infer that Lewis acted with the intent to kill
Purnell.
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CONCLUSION
[12] Based on the foregoing, we find that there is sufficient evidence to support
Lewis’ conviction of attempted murder.
[13] Affirmed.
[14] Vaidik, C.J. and Baker, J. concur
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