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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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