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COA affirms murder conviction, sentence of 14-year-old

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When asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender, the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.

In Nevin Brooks v. State of Indiana, No. 49A04-0911-CR-651, Nevin Brooks had been found guilty of committing acts of murder, felony murder, and robbery following the killing of a man that occurred when Brooks was 14. The juvenile court waived jurisdiction to adult court, which convicted Brooks of all three crimes, and merged the convictions at sentencing. He was sentenced to 55 years.

Brooks appealed, raising the following issues: whether the juvenile court abused its discretion in waiving jurisdiction over Brooks; whether the admission of evidence from a pat-down search was proper under both the Fourth Amendment and Article I, Section 11 of the Indiana Constitution; whether the trial court should have denied Brooks’ motion for mistrial; whether the state presented sufficient evidence; and whether the sentence imposed was inappropriate.

In the opinion, Senior Judge Betty Barteau wrote the Court of Appeals affirmed the juvenile court’s decision to waive its jurisdiction, and affirmed the trial court’s convictions of and sentence for felony murder.

On March 16, 2008, David Hardwick was fatally shot in the head during a robbery. Following a police investigation, it was determined he was shot at close range while kneeling on the ground. His wallet, watch, and bracelet were not found at the scene.

Approximately 20 minutes after Hardwick was killed, and 2 miles from the crime scene, surveillance video showed a young African-American male, later identified as 14-year-old Brooks, using Hardwick’s ATM card at a service station. Brooks was there in a car with at least two other individuals.

Two days later, a Lawrence Police Officer found Brooks when responding to a dispatch of an armed robbery at a Lawrence apartment complex. Concerned Brooks was armed, the officer did a pat-down search and found bullets on his person. Suspecting there was also a weapon, he handcuffed Brooks and searched for a weapon. Another officer brought the victim of the armed robbery over to Brooks, who identified him as the one who pointed a gun at the victim while robbing him of cash.

A police officer and Brooks’ mother identified Brooks in the surveillance tape from the service station where Hardwick’s card was used shortly after his murder. Forensic testing established the bullets the officer found on Brooks and a bullet recovered from Hardwick’s skull had the same uncommon characteristics.

The juvenile court, following the state’s petition, waived jurisdiction to adult court, where he was found guilty on all three counts and sentenced to 55 years.

In determining whether to waive him to adult court, the record disclosed he had prior encounters with the juvenile justice system, which failed to deter his criminal behavior. The record also disclosed probation workers considered him to be beyond rehabilitation by the juvenile justice system.

As for the search and seizure claims Brooks presented, the Court of Appeals found the description of Brooks was sufficient, and the stop where an officer found bullets similar to the one that killed Hardwick was warranted. The court also couldn’t say the officer’s actions were unreasonable, therefore the bullets were properly admitted as evidence.

“With reference to the character of the offender, we agree that Brooks had a very poor upbringing,” Judge Barteau wrote. “However, growing up in poverty without parental guidance is unfortunately not a rarity, and we do not consider it to be a factor that would cause us to deem an advisory sentence inappropriate. Not everyone who grows up in such an unfortunate environment channels his anger into robbery and murder. …”

“We note that the trial court considered Brooks’ age in fashioning the sentence imposed,” she continued. “The court also considered Brooks’ criminal history. He is not a little boy who can be trusted to mend his erring ways; he is a hardened individual who, in the midst of committing a series of crimes, robbed and murdered a random victim. Given the nature of the offense and the character of the offender, we cannot conclude that the sentence imposed by the trial court is inappropriate.”
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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