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Split court upholds man’s conviction for conspiracy to commit robbery

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Citing an issue of first impression, the majority on the Indiana Supreme Court Tuesday concluded that a man could be convicted of Class A felony conspiracy to commit robbery even though the targeted victim was not robbed or harmed in any way.

Kenyatta Erkins and Ugbe Ojile staked out an Indiana casino to find a person to rob. Erkins’ phone was being monitored by police because they believed the men had committed more than 25 robberies involving victims who had won money at a casino. Ojile went inside the casino, found a target, and called Erkins giving him updates. The man decided to stay the night at the casino, so Erkins and Ojile decide to wait until he left to rob him. They discussed over the phone their plans, which included saying the target may be a “problem” and they might “rough him up.”

The next day, police stopped them in Erkins’ car and found several items, including guns, camouflage clothing and duct tape. The two were charged with Class A felony conspiracy to commit robbery resulting in serious bodily injury and Class A felony attempt to commit robbery resulting in serious bodily injury. The men claimed the conspiracy charge cannot stand because there is insufficient evidence to support it because no actual injury to the targeted victim occurred.

The Court of Appeals affirmed, as did the majority of Justices Steven David, Mark Massa and Loretta Rush in Kenyatta Erkins v. State of Indiana, 58S01-1309-CR-586.

“It may be helpful to think of conspiracy to commit robbery resulting in serious bodily injury as consisting of effectively two ‘mini-conspiracies’ within one crime: a conspiracy to commit robbery and a conspiracy to commit serious bodily injury in the course of the robbery. Each ‘mini-conspiracy’ requires the State to establish intent, agreement, and the commission of an overt act in furtherance of the agreement,” Justice David wrote.

But in Justice Robert Rucker’s dissent – to which Chief Justice Brent Dickson joined – Rucker finds David’s view of “mini-conspiracies” to be an inappropriate analogy because it requires treating the bodily injury component as an element of the crime. But serious bodily injury is not an element of robbery and thus not an element of conspiracy, he wrote. It is a penalty enhancement that increases the class of the offense that kicks in only where the offense “results in serious bodily injury.”
 
“[T]he result the majority reaches today creates something of an anomaly. Codefendants who combine their efforts to rob a victim can have their sentences enhanced only upon proof beyond a reasonable doubt that their conduct resulted in bodily injury or serious bodily injury. By contrast, if those same codefendants conspire to rob a victim, and engage in the exact same conduct, their sentences may be enhanced even if bodily injury never occurs. With such a lethal weapon at its disposal why would the State ever charge a simple robbery offense? This is not a result our Legislature could have intended,” Rucker wrote.

The justices did all agree that the trial court did not err in permitting the state’s amendment to the charging information of Erkins during the second day of trial. The information originally said Erkins was conducting surveillance in the casino on the victim, but it was amended to put Ojile’s name. The particular identity of the co-conspirator performing the overt act is not essential to making a valid conspiracy charge, so the amendment was one of form and not substance, David wrote.





 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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