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COA finds mentally ill man was aware actions were wrong

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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.



 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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