Robert L. Walp v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Jun 03 2015, 10:39 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
Frederick A. Turner Gregory F. Zoeller
Bloomington, Indiana Attorney General of Indiana
Richard C. Webster
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Robert L. Walp, June 3, 2015
Appellant-Defendant, Court of Appeals Case No.
53A01-1409-CR-00409
v. Appeal from the Monroe Circuit
Court
The Honorable Kenneth G. Todd,
State of Indiana, Judge
Appellee-Plaintiff Cause No. 53C03-1305-FA-00497
Bailey, Judge.
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Case Summary
[1] Robert L. Walp (“Walp”) appeals his convictions for three counts of Attempted
Murder, Class A felonies. 1 He presents the sole issue of whether the evidence is
insufficient to support his convictions because the State failed to prove that he
acted with specific intent to kill. We affirm.
Facts and Procedural History
[2] During the morning of May 14, 2013, Michael Patton (“Patton”) was doing
yard work when Walp moved his lawn mower into Patton’s path. Patton
stopped work and the two men engaged in a lengthy conversation. At some
point, Walp began to share his belief that their mutual neighbors, John and
Kimberly McGuire and their children (collectively, “the McGuires”), were part
of a terrorist cell “hiding waiting to start to wreak havoc on our county and our
town, county, city.” 2 (Tr. 313.) Walp explained that he had, during the
previous weekend, laid down in woods beside the McGuire property, and
waited with a rifle to “pick them off like chickens when they started to go in the
house.” (Tr. 316.) Unable to see in the dark, Walp had temporarily abandoned
1
Ind. Code §§ 35-41-5-1, 35-42-1-1. Pursuant to Indiana Code Section 35-41-5-1(a), the offense of Attempted
Murder is now a Level 1 felony. We refer to the version of the Attempt statute in effect at the time of Walp’s
offenses.
2
It appears that the McGuires occasionally butchered small livestock for food. At some point, Walp
observed conduct that he determined to be “ritual sacrifice.” (Tr. 387.) He ostensibly believed that the
McGuires displayed sheep or goat skins for religious purposes and had cut the throat of animals to drink their
blood.
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his plan. However, he insisted to Patton that the McGuires were “going to die”
and Walp would “take care of” the matter that evening or the next. (Tr. 317.)
[3] Patton told Walp that he had to finish his yard work and run errands. Once
Walp was encouraged to leave, Patton and his wife, Christina, went to a nearby
Indiana State Police post and reported Walp’s threats. Patton then arranged for
another neighbor to warn the McGuires of threats against them.
[4] The McGuires decided to follow through with plans to go to R.M.’s choir
concert. 3 Around 6:15 that evening, the adults and one of their children were in
the garage preparing to leave when John McGuire heard the approach of a
large vehicle. John took a few steps out of the garage to investigate and saw
Walp driving a large white dump truck with “Bob the Builder” spray painted on
it. As the McGuires sought refuge in the house, Walp exited his vehicle and
began shooting.
[5] Walp shot through a sliding glass door to the sunroom and stepped through the
opening. Once inside the sunroom, he shot into the basement. He entered the
main residence and re-appeared outside approximately one minute later. He
then fired two shots into an upstairs window. John, having loaded his shotgun,
called out to Walp that he had a gun. Walp got into his vehicle and left.
3
R.M. is the eldest of the McGuire children.
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Christina, who had observed Walp’s actions from her bathroom window, called
9-1-1.
[6] The State charged Walp with three counts of Attempted Murder. At the
conclusion of a jury trial, Walp was convicted as charged. On August 28, 2014,
the trial court sentenced Walp to thirty years imprisonment on each count. The
sentences are to be served concurrently, providing for an aggregate sentence of
thirty years. Walp now appeals.
Discussion and Decision
[7] Walp contends that the State failed to present sufficient evidence to sustain his
convictions for Attempted Murder. According to Walp, the State was required
to prove that he knew the house was occupied when shots were fired, and the
State failed to do so.
[8] In order to convict Walp of Attempted Murder, the State was required to prove
beyond a reasonable doubt that Walp, acting with the specific intent to commit
murder, engaged in an overt act that constituted a substantial step toward the
commission of the crime. Davis v. State, 558 N.E.2d 811, 812 (Ind. 1990).
Walp does not deny that he committed the overt act of shooting into the
McGuire residence. Rather, he claims the State failed to prove beyond a
reasonable doubt that he intended to kill the McGuires as opposed to “shooting
up their house.” (Appellant’s Br. at 7.)
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[9] When reviewing the sufficiency of the evidence to support a conviction, we will
consider only the probative evidence and reasonable inferences supporting the
verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We will affirm the
conviction unless no reasonable fact-finder could find the elements of the crime
proven beyond a reasonable doubt. Id. The requisite intent to commit murder
may be inferred from the intentional use of a deadly weapon in a manner likely
to cause death. Davis, 558 N.E.2d at 812. Discharging a weapon in the
direction of a victim is substantial evidence from which a jury can infer intent to
kill. Leon v. State, 525 N.E.2d 331, 332 (Ind. 1988).
[10] Walp told his neighbor of his plan to kill the McGuire family, who Walp
labelled terrorists. He claimed to have laid in wait to kill them on an earlier
occasion, but his plan was foiled because of the family’s late return and the
darkness. On May 14, 2013, Walp took his shotgun and drove his dump truck
to the McGuire residence. Walp exited his vehicle as the McGuires fled from
the garage into the house. According to Christina, she had seen the McGuires
run into the house and “Walp had fired the first shot into their residential door
as it was closing.” (Tr. 346.) This testimony would support an inference that
Walp, like Christina, could see that the McGuires were fleeing.
[11] Kimberly also provided testimony from which a factfinder could infer that
Walp had tracked her movements. She testified that, at one point, she ran
upstairs to lock a door and “that’s when the shots started firing up at me
through that upstairs.” (Tr. 278.) She had seen Walp looking up and his eyes
were pointed in her “general direction.” (Tr. 287.) After the shooting, Walp
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explained his conduct and motivation to police officers. He claimed to have
“shot those people” because he disagreed with the lack of police response to
terrorists. (Tr. 376.) He explained to Detective Jennifer Allen that he had
loaded his shotgun with “six in a magazine and one [in] the chamber” and gone
to the McGuire property with the desire to “blow them away.” (Tr. 386-87.)
[12] Considering Walp’s conduct and statements before, during, and after the
shooting, there is sufficient evidence from which the jury could infer that Walp
intended to kill the three victims and not just cause property damage when he
fired multiple shots into the residence.
[13] Affirmed.
Riley, J., and Barnes, J., concur.
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