ILNews

COA finds mentally ill man was aware actions were wrong

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.

In Luke Keys Carson v. State of Indiana, No. 29A04-1106-CR-278, Luke Keys Carson appealed his sentence for two counts of battery by means of a deadly weapon, burglary and resisting law enforcement. At trial, a jury found the man to be guilty but mentally ill, and not guilty of two counts of attempted murder.

In April 2009, Carson entered the unlocked trailer of a neighbor in a mobile home park, holding a black Bible and sheets of paper. The woman – Angelina Zuniga – spoke little English and did not understand what he was saying to her. After standing inside her trailer for a few minutes, Carson said “never mind” and left. When he returned later, Zuniga opened the door to ask him what he wanted, and he cut her hand with a knife. Zuniga and a friend forced the door shut, as Carson tried to force the door open from the outside.

That same morning, Carson got into a fight with Jorge Hernandez. Carson kept inching closer to Hernandez, asking him if he was “Richard,” and when Hernandez pushed him away, a fight ensued. Hernandez felt something “poking” him in the abdomen. He pulled Carson’s jacket up over the man’s head and saw that Carson had a knife. Hernandez ran and Carson threw the knife at him. After Hernandez saw Carson no longer had the knife, he returned, and the two began fighting again.

A police officer arrived, and Hernandez and Carson voluntarily stopped fighting. Hernandez pointed at Carson, who had retrieved his knife, and Carson fled. The officer told Carson to drop the knife or he would shoot, and while Carson dropped the knife, he continued to run until he tripped on gravel and fell. When another police officer arrived to assist, Carson asked for an attorney.

Two doctors performed a psychological evaluation on Carson in May 2009. They both concluded Carson had a psychiatric disorder that substantially disturbed his thinking and rendered him incompetent to stand trial. However, due to Carson’s confused state, they were not able to determine whether Carson could appreciate the wrongfulness of his actions at the time he committed them.

A competency hearing found Carson was not competent to stand trial, and he was committed to Logansport State Mental Hospital. On Oct. 25, 2010, Logansport filed a report notifying the court that Carson was competent to stand trial.

The COA agreed that while Carson’s demeanor showed that he was mentally ill, statements he made at the time of his arrest indicated he was aware of the wrongfulness of his actions. He apologized, and he made comments that his actions were “stupid.”

Carson argued that his burglary conviction was not supported by evidence. But the COA wrote that Indiana Code 35-43-2-1 provides that a person who breaks and enters a dwelling of another person with intent to commit a felony in it commits Class B felony burglary. In statements to police, Carson said he had gone into Zuniga’s trailer to kill a baby but could not do it. That statement shows that he was able to appreciate the wrongfulness of the intent to commit murder, even though there was no baby in Zuniga’s home.



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

ADVERTISEMENT