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Dissent: ‘No evidence’ tying convicted man to crime scene

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While a majority of the Indiana Court of Appeals affirmed an Indianapolis man’s trespassing conviction, another judge warned in dissent that the ruling went against the tenet of proof beyond a reasonable doubt.

“We are not in the business of horseshoes and hand grenades, where ‘close’ is good enough,” Judge Michael Barnes wrote in arguing evidence was insufficient for conviction in Drakkar R. Willis v. State of Indiana, 49A02-1310-CR-854. “I am convinced the State has failed in its burden of proof and vote to reverse.”

Drakkar Willis was convicted of Class A misdemeanor criminal trespass after police arrested him in response to a security alarm that sounded at Watkins Family Recreation Center. An officer saw a black male suspect running from the business about 100 yards away, and another officer later arrested Willis.

In affirming the conviction, the panel majority judges, Terry Crone and John Baker, cited Meehan v. State, 7 N.E.3d 255 (Ind. 2014), in which DNA on a glove found at a crime scene was deemed sufficient to support a burglary conviction. The majority found physical location near a crime scene was of greater probative value than DNA on an item found at a crime scene.  

“Before Meehan, we would have agreed with our dissenting colleague and reversed Willis’s conviction for insufficient evidence. But ‘we are bound to follow the precedent of our supreme court,” Crone wrote for the majority.

In reviewing the sufficiency standard in Meehan, “we conclude that a reasonable factfinder could infer that Willis was inside the Center and knowingly or intentionally interfered with the possession or use of its property without the owner’s consent. Willis’s argument to the contrary is merely a request to reweigh the evidence, which we may not do.”

Barnes rejected the majority’s interpretation of Meehan. “I do not believe that case demands or commands that the basic and longstanding tenets of the definition of ‘proof beyond a reasonable doubt’ be altered. Others may disagree.”

“A bit of review is in order. An alarm sounds, police are dispatched. While nearing the building from which the alarm emanated, an officer sees a black man running in a direction away from the building, approximately 100 yards in the distance. This man was Willis, and he was convicted of trespass. There is no evidence tying Willis to the scene.

“… The entirety of the evidence upon which Willis was convicted was the fact that he was seen running at a distance of approximately 100 yards. I am not convinced that this evidence can be construed as Willis’s fleeing from the scene of the crime. Even though we are bound to give the State a reasonable inference here, it is well-settled Indiana law that flight from a crime scene, in and of itself, is not sufficient to sustain a conviction.”

 
 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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