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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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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