Anthony Steele 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 Feb 14 2020, 7:22 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
Frederick Vaiana F. Aaron Negangard
Voyles Vaiana Lukemeyer Baldwin & Chief Deputy Attorney General
Webb Indianapolis, Indiana
Indianapolis, Indiana Myriam Serrano
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Anthony Steele, February 14, 2020
Appellant-Defendant, Court of Appeals Case No.
19A-CR-1930
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Sheila A. Carlisle,
Appellee-Plaintiff. Judge
Trial Court Cause No.
49G03-1806-MR-18039
Riley, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-1930 | February 14, 2020 Page 1 of 8
STATEMENT OF THE CASE
[1] Appellant-Defendant, Anthony Steele (Steele), appeals his conviction for
murder, a felony, Ind. Code § 35-42-1-1(1).
[2] We affirm.
ISSUE
[3] Steele presents this court with one issue on appeal, which we restate as:
Whether the State presented sufficient evidence beyond a reasonable doubt to
negate Steele’s claim of self-defense.
FACTS AND PROCEDURAL HISTORY
[4] On May 28, 2018, Steele, accompanied by Anthony Brown (Brown), met Elijah
Lacey (Lacey) in the Crown Liquors parking lot, located at 21st and Post Road
in Indianapolis, Indiana. Steele had contacted Lacey to purchase marijuana
from him. Sharon Endsley (Endsley) was seated in her own car in the parking
lot, approximately two parking spaces away from Lacey’s vehicle.
[5] When Steele and Brown arrived, Lacey was sitting in the driver’s seat of the
vehicle. As Steele and Brown walked up to Lacey’s vehicle, the three “started
fussing with each other. [] [Y]ou could tell it was going to be an argument
coming on.” (Tr. Vol. II, p. 173). Endsley noticed that Brown entered Lacey’s
vehicle on the passenger side and “[h]e immediately started hitting the person
that was sitting in the driver’s seat.” (Tr. Vol. II, p. 176). She saw Steele hit
Lacey through the open window on the driver’s side. Both Steele and Brown
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“were hitting [] with their hands open. But the person that was sitting in the
truck had his fists balled up and was fighting back.” (Tr. Vol. II, p. 176). “[A]ll
of a sudden,” Endsley saw Steele holding “a long silver gun” while he was
hitting Lacey. (Tr. Vol. II, p. 176). Endsley observed Steele running to the
back of the truck and standing there. After about two or three seconds, Endsley
heard a gunshot and noticed that Steele ran back to the driver’s side of the truck
and shot “maybe two times.” (Tr. Vol. II, p. 177). During the fight, Lacey
drew his own gun and shot Brown in the leg. After the shots were fired, Steele
and Brown ran towards a vacant Marsh building behind Crown Liquors.
Endsley identified Steele as the shooter in a photo array.
[6] Renae Vanduyn (Vanduyn) was in the parking lot of the Home Depot, adjacent
to the Crown Liquors’ parking lot, at the time of the incident. Vanduyn was
placing her purchases in the trunk of her car when she heard some loud noises,
“like [] gunshots.” (Tr. Vol. II, p. 167). She got into her vehicle when she
noticed Steele running away very quickly from the Crown Liquors parking lot.
Shortly thereafter, she saw Brown run past.
[7] At 4:40 p.m. that afternoon, police officers were dispatched to the parking lot of
the Crown Liquors. Upon arrival, they found Lacey, already deceased, in the
driver’s seat of his vehicle, with his seatbelt still fastened and having been shot
in the head. Indianapolis Metropolitan Homicide Detective Erika Jones
(Detective Jones) observed fired cartridge casings and shell casings on the
ground outside Lacey’s vehicle. She also noticed two bags of marijuana and
two firearms in the vehicle. Detective Jones recovered surveillance videos from
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Crown Liquors, Home Depot, and Waffle House. The video footage confirmed
that Steele was involved in an altercation with Lacey and fired shots at him.
[8] The chief forensic pathologist with the Marion County Coroner’s Office
determined the cause of Lacey’s death to be multiple gunshot wounds, with the
manner of death as homicide. The pathologist found blunt force trauma
injuries on Lacey’s face, chest, forearm, lower leg, and ankle. He located a
gunshot wound on Lacey’s neck that went through the spinal cord and another
gunshot wound that entered at the back of the head and exited just below
Lacey’s eye. The pathologist concluded that either of these gunshot wounds
could have been fatal.
[9] On June 5, 2018, the State filed an Information, charging Steele with Count I,
murder, a felony, alleging that Steele knowingly or intentionally killed Lacey.
Three months later, on September 5, 2018, the State amended the Information
by adding Count II, murder, a felony, alleging that Steele knowingly or
intentionally killed Lacey while committing or attempting to commit robbery.
On June 24, 2019, the trial court conducted a jury trial. At the conclusion of
the evidence, the jury returned a guilty verdict on Count I, but found Steele not
guilty of Count II. On July 19, 2019, during a sentencing hearing, the trial
court sentenced Steele to a term of fifty-five years, with fifty-two years executed
and three years probation.
[10] Steele now appeals. Additional facts will be provided if necessary.
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DISCUSSION AND DECISION
[11] Steele challenges the sufficiency of the evidence, contending the State failed to
rebut his claim of self-defense. A valid claim of defense of oneself or another
person is a legal justification for an otherwise criminal act. Wallace v. State, 725
N.E.2d 837, 840 (Ind. 2000). To prevail on such a claim, the defendant must
show that he: (1) was in a place where he had a right to be; (2) did not provoke,
instigate, or participate willingly in the violence; and (3) had a reasonable fear
of death or great bodily harm. Wilson v. State, 770 N.E.2d 799, 800 (Ind. 2002).
When a claim of self-defense is raised and finds support in the evidence, the
State has the burden of negating at least one of the necessary elements. Id. If a
defendant is convicted despite his claim of self-defense, like here, this court will
reverse only if no reasonable person could say that self-defense was negated by
the State beyond a reasonable doubt. Id. at 800-01. In any event, a mutual
combatant, whether or not the initial aggressor, must declare an armistice
before he or she may claim self-defense. See I.C. § 35-41-3-2(g)(3) (“[A] person
is not justified in using force if: . . . the person has entered into combat with
another person or is the initial aggressor, unless the person withdraws from the
encounter and communicates to the other person the intent to do so and the
other person nevertheless continues or threatens to continue unlawful action.”).
The standard of review to challenge the sufficiency of evidence to rebut a claim
of self-defense is the same as the standard for any sufficiency of the evidence
claim. Wilson, 770 N.E.2d at 801. We neither reweigh the evidence nor judge
the credibility of the witnesses. Id. If there is sufficient evidence of probative
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value to support the conclusion of the trier of fact, then the verdict will not be
disturbed. Id.
[12] Challenging the State’s negation of his self-defense claim, Steele contends on
appeal that “[t]he evidence presented and conceded by both the State’s
witnesses and its prosecutors was Lacey fired the first shots. He was the
aggressor. He was incapable of firing any shots after being shot himself.”
(Appellant’s Br. p. 14). In support of this statement, Steele relies on his own
testimony at trial. In this testimony, Steele recounts that after Brown and he
walked up to Lacey’s vehicle, Lacey “pulled a gun out.” (Tr. Vol. III, p. 134).
In response to Lacey’s action, Steele admitted to pulling his own gun out.
Meanwhile, Brown was trying to “slide [Lacey’s] gun down.” (Tr. Vol. III, p.
135). Steele told Lacey to drop his gun and claims that he ran to the back of the
truck because he was scared that Lacey was not dropping his gun. However,
upon hearing gunshots coming from the truck, Steele testified that he ran back
to the front of the truck and fired his weapon.
[13] To counter Steele’s argument, the State points to the evidence it presented
during the trial to negate Steele’s claim of self-defense and which was accepted
by the jury. Endsley, who was parked in close proximity to Lacey’s vehicle,
saw the initial altercation commence between Steele, Brown, and Lacey. She
testified that she witnessed Steele and Brown approach Lacey’s truck. Brown
immediately entered the vehicle on the passenger side, while Steele walked up
to the driver’s side. As soon as Brown entered the vehicle, he started hitting
Lacey. Endsley noticed that Steele, who was still standing outside the driver’s
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side door, leaned into the vehicle through the open window and also hit Lacey
repeatedly. Endsley’s testimony is confirmed by the coroner’s report, which
discovered evidence of blunt force trauma injuries on Lacey’s face, chest, and
forearm. By commencing the altercation and hitting Lacey, Steele was the
initial attacker—or at the very least, willingly participated in the attack on
Lacey which led to his death.
[14] In addition to instigating the fight with Lacey, Steele was a mutual combatant
and did not disengage. See I.C. § 35-41-3-2(e)(3). The evidence reflects that
while Steele was holding his gun and standing at the driver’s side door of
Lacey’s vehicle, another vehicle drove past. Instead of signaling for help, Lacey
leaned into the truck and hid his gun from sight. Likewise, even before the first
shot was fired, Steele left his position at the driver’s side window and ran to the
back of the truck. However, instead of disengaging from the attack and finding
help, Steele returned to the driver’s side window and shot Lacey in the head.
[15] At trial, the jury was presented with two versions of the same incident:
Endsley’s and Steele’s. After hearing their respective testimonies and
evaluating their demeanor during direct and cross-examination, the jury clearly
believed Endsley, rejected Steele’s self-defense claim, and found Steele guilty of
murdering Lacey. As we are not allowed to judge the credibility of the
witnesses, and there is sufficient evidence of probative value to support the
conclusion of the trier of fact that Steele was the initial aggressor and did not
withdraw from the fight, we affirm the verdict. See Wilson, 770 N.E.2d at 801.
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CONCLUSION
[16] Based on the foregoing, we conclude that the State presented sufficient evidence
beyond a reasonable doubt to negate Steele’s claim of self-defense.
[17] Affirmed.
[18] Baker, J. and Brown, J. concur
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