Joshua James Wozniak v. State of Indiana (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Jan 20 2021, 8:44 am
regarded as precedent or cited before any
court except for the purpose of establishing CLERK
Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Bryan M. Truitt Theodore E. Rokita
Valparaiso, Indiana Attorney General of Indiana
Steven J. Hosler
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Joshua James Wozniak, January 20, 2021
Appellant-Defendant, Court of Appeals Case No.
20A-CR-947
v. Appeal from the LaPorte Superior
Court
State of Indiana, The Honorable Michael S
Appellee-Plaintiff. Bergerson, Judge
Trial Court Cause No.
46D01-1902-F1-154
Brown, Judge.
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[1] Joshua James Wozniak (“Wozniak”) appeals his conviction for reckless
homicide. We affirm.
Facts and Procedural History
[2] Larry Wozniak (“Larry”) suffered from chronic obstructive pulmonary disease,
emphysema, and atrial fibrillation. Larry was on pain medication for an
extended period of time and turned to self-medicating in June 2018. In July
2018, he had pneumonia and was placed in a hospital and then a nursing home
from July 2018 to October 2018. When he was released from the nursing
home, his daughter, Amy Williams, believed that he was “detoxed” and
“clean.” Transcript Volume III at 90.
[3] Around Christmas 2018, Larry had a change of heart regarding his son,
Wozniak, and felt bad that Wozniak was going to spend Christmas alone and
invited him to his house. Wozniak began staying at Larry’s residence and was
there almost every night between December 25, 2018, and January 24, 2019.
[4] In December 2018, Wozniak met Amelia McCullough, and they purchased
drugs on the first day they met. In January 2019, McCullough moved in with
Wozniak and Larry. Wozniak, McCullough, and Larry used heroin and crack
cocaine together, Larry funded the purchase of the drugs, and Wozniak,
McCullough, and Wozniak’s friend, Katie Rushing, would purchase the drugs.
Wozniak tried to help Larry inject heroin most of the time.
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[5] On January 23, 2019, Wozniak and McCullough went to South Bend,
purchased heroin, and returned home. 1 They used drugs, ate dinner, and used
drugs again. At some point, McCullough went upstairs, watched television,
and fell asleep. Around noon on January 24, 2019, Wozniak woke
McCullough and told her Larry was dead. Wozniak indicated to her that Larry
had “gotten into heroin over night.” Id. at 43. Wozniak, McCullough, and
Rushing cleaned up the drugs and paraphernalia, and Wozniak called 911.
[6] Jennifer Banks, the Chief Deputy Coroner of LaPorte County, responded to the
scene following a dispatch regarding a deceased person. Banks introduced
herself to Wozniak, and he asked her: “How long is this going to take?”
Transcript Volume II at 223. Wozniak seemed very distressed and stated that
his sister was going to kill him. Banks asked him why, and he answered:
“Because I gave my dad the drugs.” Id. at 225. Banks asked him what type of
drugs Larry had taken, and Wozniak mentioned heroin. Banks found Larry’s
medications in the kitchen but did not find any containing morphine.
[7] Meanwhile, Williams texted Larry and tried calling him on January 24, 2019,
but received no response. Wozniak texted her around 3:10 p.m. informing her
that Larry had died. Williams called Wozniak probably three times before he
answered. Wozniak told Williams that Larry had died, that “he had taken care
1
When asked what drugs they purchased that day, McCullough answered: “Uh, heroin probably I don’t, I
don’t – I want to say crack cocaine, I’m not sure. I’m not – I don’t remember.” Transcript Volume III at 35.
When asked if she said she was certain she purchased heroin but not sure whether she purchased crack
cocaine, she answered affirmatively.
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of everything,” and “he had found[] him laying with a needle in his arm,” and
“he didn’t know what to do, because he was losing his sh--.” Transcript
Volume III at 95. Williams went to the funeral home and later went to Larry’s
home where she saw that Larry’s rental truck was gone and observed “a pretty
big mess” and “a lot of drug paraphernalia.” Id. at 97. Specifically, she
discovered a tray with needles, glass pipes, baggies, and burned spoons in the
oven. She also found syringes and burned spoons underneath piles of mail, and
needles underneath and in the couch. She called the police to report the truck
as stolen. After speaking with a police officer, she changed the code on the
alarm, placed a note on the door indicating that the alarm code had been
changed, and set the alarm to secure the residence to prevent Wozniak from
taking anything from the home.
[8] At some point, Banks drew blood from Larry’s subclavian artery for a
toxicology evaluation. Banks called Larry’s doctor’s office and learned that
Larry had COPD, “lumbar radiopathy,” an adrenal tumor, anxiety, depression,
and atrial fibrillation. Transcript Volume II at 232. Larry’s nurse practitioner
also informed her that his doctor tried to find a drug rehabilitation program for
him at the last appointment. The toxicology report indicated positive results for
cocaine, benzoylecgonine, morphine, and monoacetylmorphine. 2
2
Dr. John Feczko testified that “in laymen’s terms uh, whenever I see morphine in addition to
monoacetylmorphine that means heroin, 100 percent.” Transcript Volume III at 125.
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[9] On January 25, 2019, Larry was embalmed. On January 28, 2019, a funeral
was held, and a wake occurred a day later. At the dinner, Williams spoke with
a friend, Long Beach Police Chief Bob Sulkowski, who gave her the contact
information for LaPorte County Sheriff’s Deputy Andrew Hynek, a detective
with the LaPorte County Drug Task Force. Williams and her husband
contacted Deputy Hynek, and a criminal investigation began.
[10] On February 4, 2019, Deputy Hynek interviewed Wozniak. Wozniak initially
stated that he was not present and spent the night at his trailer. Wozniak’s story
evolved, and he ultimately stated that he loaded a syringe, gave it to Larry, and
saw him hit the vein.
[11] On September 3, 2019, Larry’s body was exhumed, and Dr. John Feczko
performed an autopsy on Larry and determined that the cause of death was a
drug overdose related to the heroin and cocaine with his lung and heart disease
as contributory factors.
[12] In an amended information, the State charged Wozniak with dealing in a
controlled substance resulting in death as a level 1 felony and reckless homicide
as a level 5 felony.
[13] In January 2020, the court held a jury trial. During cross-examination, Banks
testified that the cause and manner of death determination was an accidental
overdose. McCullough testified, and when asked if she had ever seen Larry
inject himself, she answered: “I don’t remember, I don’t think so. I don’t think
so.” Transcript Volume III at 26. She testified she believed she had seen Larry
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try to inject himself, but she had never seen him succeed in hitting a vein. She
also testified that when Larry wanted drugs he would generally say “son, I’m
dying, I’m dying.” Id. at 32. When asked if she interpreted Larry’s statement
to mean that he was actually physically dying, she answered: “No, I just took
that to mean maybe he was sick from not having drugs.” Id. She testified that
Larry would ask Wozniak for more drugs and that Wozniak would say no. On
cross-examination, she stated that Larry asked for drugs probably every day.
[14] Dr. Feczko testified that he discovered a 75% blockage in one of Larry’s
coronary arteries and described the blockage “as something that’s pretty
significant um, that uh, you could potentially die from that, potentially have a
deadly arrhythmia from that. Uh, or could have a heart attack from that.” Id.
at 131. He later testified that he did not find any acute heart attack or any
chronic heart attack and “just the blockage, arthroscopic blockage and then a
thickening in the ventricles from high blood pressure.” Id. at 132. He testified
that the drug overdose related to the heroin and cocaine caused Larry’s death
and that his lung and heart disease were contributing factors. He also testified
that “there’s no question in my mind that the drugs killed him.” Id. at 136. On
cross-examination, he testified that he ruled the manner of death to be an
accident. On redirect, he indicated that Larry would not be dead on January
24th but for the fact that he took heroin and cocaine.
[15] Williams and Deputy Hynek also testified, and the court admitted a recording
of the interview of Wozniak. After the State rested, Dr. Daniel Joseph McCoy
testified that he reviewed the autopsy report and disagreed with the conclusion
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that drugs played a role in Larry’s death. He indicated he was not saying drugs
did not cause the death but that he could not tell based on the information. On
cross-examination, Dr. McCoy testified that a lower level of heroin or cocaine
could be fatal for an individual with certain health conditions and that cocaine
stresses the heart in a way that would not be beneficial for a person with atrial
fibrillation. He also indicated that he did not personally study or observe
Larry’s level of heart or lung disease.
[16] The jury found Wozniak not guilty of dealing in a controlled substance
resulting in death and guilty of reckless homicide as a level 5 felony. The court
sentenced Wozniak to five years and ordered that, upon successful completion
of a clinically appropriate substance abuse treatment program as determined by
the Department of Correction and after serving at least three years of the
sentence, Wozniak would be allowed to file a petition for modification.
Discussion
[17] The issue is whether the evidence is sufficient to sustain Wozniak’s conviction
for reckless homicide. Without citation to the record, Wozniak asserts that he
was attempting to bring his father a pain-free life and that Larry could no longer
function without the drugs. He argues that there is considerable doubt as to
whether the illegal drugs caused Larry’s death. He asserts that he was “no
more than a compassionate son” and that he showed compassion and was not
reckless. Appellant’s Brief at 11.
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[18] When reviewing claims of insufficiency of the evidence, we do not reweigh the
evidence or judge the credibility of witnesses. Jordan v. State, 656 N.E.2d 816,
817 (Ind. 1995), reh’g denied. Rather, we look to the evidence and the
reasonable inferences therefrom that support the verdict. Id. We will affirm the
conviction if there exists evidence of probative value from which a reasonable
trier of fact could find the defendant guilty beyond a reasonable doubt. Id.[19] Ind. Code § 35-42-1-5 provides that a person who recklessly kills another
human being commits reckless homicide, a level 5 felony. “A person engages
in conduct ‘recklessly’ if he engages in the conduct in plain, conscious, and
unjustifiable disregard of harm that might result and the disregard involves a
substantial deviation from acceptable standards of conduct.” Ind. Code § 35-
41-2-2(c). “[A] defendant’s conduct need not be the sole cause of a death in
order to support a conviction for reckless homicide. The State must only prove
that the defendant’s conduct was a proximate cause of the victim’s death.”
Barber v. State, 863 N.E.2d 1199, 1205 (Ind. Ct. App. 2007), trans. denied.
[20] The record reveals that Larry suffered from chronic obstructive pulmonary
disease, emphysema, and atrial fibrillation. Williams testified that Larry was in
a hospital and then a nursing home from July 2018 to October 2018 where he
became clean. On direct examination of McCullough, when asked if she had
ever seen Larry inject himself, she answered: “I don’t remember, I don’t think
so. I don’t think so.” Transcript Volume III at 26. She also testified that she
believed she had seen Larry try to inject himself, but had never seen him
succeed in hitting a vein. Wozniak went to South Bend with McCullough,
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purchased heroin, and returned home on January 23, 2019. After Banks, the
Chief Deputy Coroner of LaPorte County, responded to the scene, Wozniak
stated that his sister was going to kill him “[b]ecause I gave my dad the drugs.”
Transcript Volume II at 225. During his interview with Deputy Hynek,
Wozniak’s story evolved and he ultimately stated that he loaded a syringe, gave
it to Larry, and saw him hit the vein. Dr. Feczko testified that he determined
the cause of death was a drug overdose related to the heroin and cocaine, with
his lung and heart disease as contributory factors. He testified “there’s no
question in my mind that the drugs killed him.” Transcript Volume III at 136.
[21] We conclude the State presented evidence of probative value from which a
reasonable jury could have determined beyond a reasonable doubt that
Wozniak committed the offense of reckless homicide.
[22] For the foregoing reasons, we affirm Wozniak’s conviction.
[23] Affirmed.
Vaidik, J., and Pyle, J., concur.
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