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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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