 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Moore v. State5/23/2005
FOR PUBLICATION
Case Summary
Paul A. Moore appeals his convictions and sentence for two counts of murder, two counts of class B felony criminal confinement, and one count of class B felony arson. We affirm.
Issues
We restate Moore's three issues as follows:
I. Whether the trial court committed reversible error in admitting ballistics evidence derived from the warrantless seizure of a handgun;
II. Whether his convictions are supported by sufficient evidence; and
III. Whether the trial court properly sentenced him.
Facts and Procedural History
The facts most favorable to the convictions indicate that Moore's mother purchased a .45-caliber Ruger handgun in 2001 and kept it at Moore's home in the 4300 block of East 39th Street in Indianapolis. On the afternoon of January 25, 2002, Indianapolis Police Department Sergeant David Wisneski responded to a report of a burglary in progress at the home of Linda Jordan. Sergeant Wisneski heard the yelling of gang names and saw an unidentified person push Linda aside and forcibly enter her home. Yonic Jordan then forcibly removed someone from the home. After the situation calmed down, Sergeant Wisneski learned that Derrick Dempsey had lost a fight with Yonic and had driven to the Jordan residence with Moore and a third person "to seek revenge." Tr. at 593. Sergeant Wisneski asked Dempsey if he could "look inside" his car, which was parked in the driveway with the engine running. Id. at 579. Dempsey consented.
In the trunk, Sergeant Wisneski found an assault rifle and a shotgun. A records check indicated that Moore had reported these firearms stolen. Under the front passenger seat, Sergeant Wisneski found a "chrome and black" .45-caliber Ruger handgun, which had not been reported stolen. Id. at 583. Moore stated that he owned the handgun and produced a valid handgun permit. Sergeant Wisneski made no arrests but confiscated the firearms "because things were in a very, very dangerous state at that time[.]" Id. at 594. Sergeant Wisneski sent the firearms to the police property room. On January 28, 2002, as part of his duties in operating the Integrated Ballistic Identification System ("IBIS"), firearms technician John Brooks test-fired the confiscated handgun and entered the relevant ballistics information into the IBIS computer. In April 2002, Moore's mother retrieved the handgun from the property room and gave it to Moore.
Late one night in June 2003, Moore telephoned Eric Bettis, the uncle of his friend Curtis Ward, and asked for a ride. Eric complied, and Moore gave him $30. The next morning, Moore informed Eric that he had left his gun in the car. Eric's wife, Theresa, stopped by Moore's residence to give him the gun, but he was not at home. Theresa gave the gun to Eric's brother, Herman Bettis, because she did not want to keep it in her car. Herman informed Moore that he had the " lack and silver" .45-caliber handgun, and Moore told him to "hang on to it[.]" Id. at 705, 706. Herman kept the handgun in his restaurant.
On the evening of Friday, July 18, 2003, Adrian Beverly was riding around with Brandie Coleman and Gregory Johnson, who was dressed as a female and went by the name of Nireah. The trio saw Moore and Ward riding in Moore's car and asked them to pull into a gas station parking lot. Johnson and Moore exited their vehicles, talked briefly, and exchanged phone numbers. Johnson hugged Moore and kissed him on the cheek. Id. at 798. Moore was attracted to Johnson. Id. at 799. Coleman and Ward also exchanged phone numbers.
On July 21, 2003, Herman Bettis delivered the handgun to Moore at his ho
Page 1 2 3 4 5 6 7 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|