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Williams v. State2/7/2003
, 1999. Because of the injuries Townsend sustained, he was taken to the hospital, where he was treated and remained for several months until he died on March 8, 2000. The medical examiner testified to the fact that Townsend had been shot five times and to the extensive damage done to Townsend's body by the bullets. Tr. pp. 193, 204-19. The medical examiner also stated that the cause of Townsend's death had been multiple gunshot wounds. Tr. pp. 234-35.
As a result of the wounds he suffered, Townsend had trouble breathing, and a trach tube had to be inserted to assist his breathing. On March 5, 2000, Townsend developed a plug in his trach tube and was therefore deprived of oxygen for several minutes. Townsend never recovered from this lack of oxygen, and he was taken off of life support on March 8.
Had it not been for Williams shooting Townsend several times, Townsend would not have been in the hospital nor would he have needed the trach tube. Any problems that occurred with the trach tube were therefore the result of the hospitalization and treatment necessitated by the injuries inflicted when Williams shot Townsend, and the use of the trach tube was not extraordinary. See Wilson v. State, 537 N.E.2d 1185, 1187 (Ind. 1989) (insertion of tubes into victim's body not an intervening cause because it was necessitated by the injury inflicted on victim by defendant); Gibson v. State, 515 N.E.2d 492, 496 (Ind. 1987) (staph infection was a direct result of the surgery and hospitalization necessitated by the injuries inflicted by defendant on the victim).
Williams's expert witness testified that she believed that there had been a breach of the standard of nursing care because no one was monitoring Townsend when his trach tube became plugged and because no one responded if Townsend called for help. Tr. pp. 436-37. No testimony was given that Townsend had called for help or that he had used his call light and received no response. Because Williams caused Townsend's injuries, which necessitated the insertion of the trach tube that became plugged, the plugging of the trach tube was not extraordinary and did not constitute an intervening cause. Sufficient evidence was presented to support Williams's conviction for murder.
IV. Inappropriate Sentence
"Although a trial court may have acted within its lawful discretion in determining a sentence," Buchanan v. State, 767 N.E.2d 967, 972 (Ind. 2002), Article 7, Section 6 of the Indiana Constitution authorizes independent appellate review and revision of a sentence imposed by the trial court. "This appellate authority is implemented through Indiana Appellate Rule 7(B), which provides: `The Court may revise a sentence authorized by statute if , after due consideration of the trial court's decision, the Court finds that the sentence is inappropriate in light of the nature of the offense and the character of the offender.'" Ind. App. R. 7(b). Sentences at the extremes of the lawful range are more often (but not always) clearly, plainly, and obviously inappropriate. See Hildebrandt v. State, 770 N.E.2d 355, 360 (Ind. Ct. App. 2002), trans. denied. (citations omitted).
That part of Indiana Appellate Rule 7(B) that refers to the "nature of the offense" speaks to the statutory presumptive sentence for the class of crimes to which the offense belongs. See id. at 361. The classifications of crimes and their presumptive sentences, enhancements, and reductions have been determined by the General Assembly as a matter of public policy.
The presumptive sentence is meant to be the starting point for the court's consideration of the appropriate sentence for the particular crime committed. See Lander v. State, 762 N
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