ILNews

Judges uphold 40-year sentence in drug deal turned robbery

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.

George Moss knew Philip Potenza and Randall Peterman. Moss set up a deal to sell marijuana to Potenza down the street from Potenza’s home, where he lived with Peterman. When Moss showed up, Todd Ruffin pointed a gun at Moss and demanded everything on him. The men then went to Potenza’s home, where they robbed Peterman. Peterman was shot in the leg in the process.

Police spoke with Peterman while he was in the hospital, and he said that it appeared Moss was also being held up by Ruffin and had his hands in the air. Peterman later said at Moss’ trial this statement was inaccurate and that he did not remember much about his time at the hospital because he was in shock. He testified he never saw a gun pointed at Moss and the two acted like a team.  

Moss presented a duress defense at his trial, claiming Ruffin pointed the gun at him and told him he would be killed if he did not do everything he was told. The defense wanted Peterman’s statement marked as defense exhibit A; the state objected to admission as an exhibit but not to the transcript being marked. After closing arguments, the defense wanted to have the court look at the statement, but the trial court denied it. Moss was found guilty of felony burglary, two counts of robbery, criminal confinement and carrying a handgun without a license.

In George Moss v. State of Indiana, 49A02-1311-CR-961, the Court of Appeals declined to find that the trial court abused its discretion by not reopening the case to admit the statement taken during Peterman’s interview with police at the hospital.

“Although Peterman testified and was subject to cross-examination, the statement was not given under oath. It was therefore inadmissible hearsay. At best, Peterman’s prior inconsistent statement was admissible only to impeach him, not as substantive evidence to prove that Moss was also under the threat of Ruffin’s gun,” Chief Judge Nancy Vaidik wrote.

The judges also rejected Moss’ request to have his sentences run concurrently, which would reduce his overall sentence from 40 years to 30 years. They pointed to his instigation and participation in the crimes and his criminal history.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

ADVERTISEMENT