From Crime to Justice: A Case Review detailing how the
Criminal Justice System works
With Robert E. Roberts, Chief Deputy Prosecuting Attorney Vigo County, Indiana
You have heard the Law and Order opening – “In the criminal justice
system, the people are represented by two separate yet equally important groups:
the police who investigate crime and the district attorneys who prosecute the
offenders. These are their stories…” You know the sound – dum dum. But that’s
just TV, right?
When a crime has been committed and someone arrested for that crime, a
well defined process takes place. How does a case work its way to that end point
known as “Justice”? Robert Roberts, the Chief Deputy Prosecutor for Vigo County
will present a case study “ripped from the local headlines” that will review the
common steps of the criminal justice process from investigation and arrest, to court
processes, to trial and evidence, and finally reaching that last stop – Justice. In
addition and if time permits, we will discuss how technology has impacted
investigation and prosecution, and discuss some of the legislative proposals
surrounding criminal sentences in Indiana.
Criminal Justice Process
• Crime happens
• Investigation
• Review by Prosecutor for Charges and Arrest
Warrant Issued OR
• Arrest, Finding of Probable Cause, Charges filed
• Initial Appearance in Court
• Discovery
• Plea Negotiations
• Motion Arguments (dismiss, suppress, etc…)
• Trial by Jury or by Judge
STATE OF INDIANA
V.
WENDELL MARDIS
Tyrone Haywood
April 10, 2010
• BBQ at the Defendant’s house
• Purchased enough alcohol for everyone
at the Dew Drop
• Defendant so intoxicated, his son did not
want him to go to the Post
• Defendant drives to the Post
April 10, 2010
• BBQ at the Defendant’s house
• Purchased enough alcohol at the Dew
Drop for everyone to share
• Defendant so intoxicated, his son did not
want him to go to the Post
• Defendant drives to the Post
• Defendant takes his gun with him
• Defendant goes in the side door
• Defendant dances…
April 11, 2010
• Tyrone at the Post as well
• Confrontation
– Defendant busts through a handshake
– Tyrone confronts Defendant while seated
•
•
•
•
One Punch by Tyrone to Defendant
Defendant gets a bloody nose
Defendant steps back
Draws his gun from his back pocket
April 11, 2010
• Tyrone at the Post as well
• Confrontation
– Defendant busts through a handshake
– Tyrone confronts Defendant while seated
•
•
•
•
•
•
One Punch by Tyrone to Defendant
Defendant gets a bloody nose
Defendant steps back
Draws his gun from his back pocket
Shoots Tyrone twice
Defendant arrested at the scene
Criminal Justice Process
• Crime happens
• Investigation
• Review by Prosecutor for Charges and Arrest
Warrant Issued OR
• Arrest, Finding of Probable Cause, Charges filed
• Initial Appearance in Court
• Discovery
• Plea Negotiations
• Motion Arguments (dismiss, suppress, etc…)
• Trial by Jury or by Judge
Charging Decisions
•
•
•
•
•
•
•
•
Murder
Voluntary Manslaughter (Sudden Heat)
Aggravated Battery
Battery Resulting in Serious Bodily Injury
Battery with a Deadly Weapon
Pointing a Firearm
Criminal Recklessness with a Deadly Weapon
Criminal Recklessness Resulting in Serious
Bodily Injury
• Battery Resulting in Bodily Injury
• Battery
• Criminal Recklessness
Elements of the Crime
• “If the State has proven each of these
elements beyond a reasonable doubt, you
may convict the defendant of the crime
charged.”
Elements for Murder
The Defendant
Knowingly
Killed
Tyrone Haywood
Self-defense
• “Therefore, once a defendant claims selfdefense, the State must disprove at least
one of the elements beyond a reasonable
doubt.”
Elements of Self - Defense
The Defendant
1) Was in a place where he had a
right to be
2) Did not provoke, instigate, or
participate willingly in the violence
3) Had reasonable fear of serious
bodily injury
Provoke? Participate?
• Defendant burst through the
handshake of Robert and Tyrone
(Robert Rollins)
• Asked him what happened. He said he
got hit in the mouth and then he shot
him. (Wendell Holman)
• “Ain’t nobody gonna hit me!” (Defendant)
Elements of Self - Defense
The Defendant
1) Was in a place where he had a
right to be
2) Did not provoke, instigate, or
participate willingly in the violence
3) Had reasonable fear of serious
bodily injury
Reasonably Believes
• “a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that
the force is necessary to prevent serious
bodily injury to the person…or the
commission of a forcible felony.”
Reasonably Believes
• “Reasonably believes…requires both
actual belief that the force was necessary
to prevent serious bodily injury, and that
such actual belief was one that a
reasonable person would have under the
circumstances.”
Forcible Felony
• “A ‘forcible felony’ is defined by law as a
felony that involves the use or threat of use
of force against a human being or in which
there is imminent danger of bodily injury to
a human being.”
– Battery Resulting in Bodily Injury is a
Misdemeanor
– Need Serious Bodily Injury to make it a felony
Self Defense:
Defendant’s Actual Belief?
Prior Events
• Shooting by Anthony Herron that started it all
– Herron Prosecuted and Convicted
• Fight between Andre White and Haywood’s
Nephews in 2005
– Not Reported to police
• Fight between Wendell Holman and Tremaine
Dorsey, Haywood’s nephew
– Not reported to police
• Terrell Herron shoots into Cynthia’s home in 2008
– Crime Reported, Herron Convicted
• Fight between Deondre Batten and Haywood’s
Nephews at the Dawg House Pub in 2010
– Not reported to police
Prior Events (cont’d)
• Fight between Andre White and Haywood’s
Nephews at Dew Drop
– Not reported to police
• Cynthia White, defendant’s sister, and her
daughter battered by Anthony Herron
– Crime Reported, Herron being Prosecuted
• Tyrone Haywood NEVER involved!
Defendant believed…
• W. Holman says he has no idea why there was a
problem between his dad and Tyrone.
• The threat was from the kids, not from Tyrone.
(Eric Johnson)
• Concerned about something happening to the
kids, not himself (Anthony Johnson)
• Tyrone’s name did not come up when discussing
problems between the families (Anthony Johnson)
• Never mentioned Tyrone as causing any
problems (James Scott)
• Tyrone’s name did not come up on the list of who
they were afraid of (Cynthia White)
• The Police were not taking care of the situation…
Defendant interviewed…
Defendant said…
•
•
•
•
•
•
•
•
•
“Never had any problems with anyone ‘til today.”
“He hit me.”
“I cannot fight, so I shot him.”
“Ain’t nobody gonna hit me!”
“I’m not here to try to hurt nobody.”
“I’m not trying to do anything to hurt anybody.”
“Tyrone is somebody I looked up to growing up.”
“I had to shoot somebody for this bullshit.”
“He had nothing to do with all this ‘cause he ain’t
family.”
Self Defense:
What would a Reasonable
Person believe?
Tyrone Haywood
The Defendant
5’ 4”
Over 6 foot tall
160 lbs
Over 200 lbs
52 years old
46 years old
Defendant’s Disability…
• Who says the defendant was dancing?
–
–
–
–
–
–
Robert Rollins – down on his knees, moving it
Natalie Smith – danced for a couple of minutes
Wendell Holman – doing the two step
Andre White – was dancing the majority of the time
Defendant – I danced a couple a times
William Owens – no words says it all – fast dancing
• Other Statements regarding disability
– Defendant was barbecuing all day (A. White)
– Never saw any sign of disability (A. Porter)
Reasonable person…
• Defendant had no prior problems with Tyrone
Haywood
• Tyrone Haywood had caused no prior problems
for Defendant’s family
• Tyrone was a bully 20+ years ago
• Tyrone threw one punch in the bar
• Defendant was able to get up and step away from
Tyrone after the punch
• Defendant was able to reach in back pocket to
pull out the gun
• Defendant was 1 ½ arm lengths or more away
when he shot
• Defendant fired kill shot after disabling Tyrone
Criminal Justice Process
• Crime happens
• Investigation
• Review by Prosecutor for Charges and Arrest
Warrant Issued OR
• Arrest, Finding of Probable Cause, Charges filed
• Initial Appearance in Court
• Discovery
• Plea Negotiations
• Motion Arguments (dismiss, suppress, etc…)
• Trial by Jury or by Judge
Voluntary Manslaughter or Murder
The Defendant
Knowingly
Killed
Tyrone Haywood
Sudden Heat?
Sudden Heat
• “The term “sudden heat” means a mental state
which results from provocation sufficient to
excite in the mind of the Defendant such
emotions as anger, rage, sudden resentment,
jealousy, or terror sufficient to obscure the
reason of an ordinary person, and as such
prevents deliberation and premeditation,
excludes malice, and renders the Defendant
incapable of cool reflection prior to acting.”
Sudden Heat
• “The term “sudden heat” means a mental state
which results from provocation sufficient to
excite in the mind of the Defendant such
emotions as anger, rage, sudden resentment,
jealousy, or terror sufficient to obscure the
reason of an ordinary person, and as such
prevents deliberation and premeditation,
excludes malice, and renders the Defendant
incapable of cool reflection prior to acting.”
Voluntary Manslaughter or Murder
The Defendant
Knowingly
Killed
Tyrone Haywood
No Sudden Heat = Murder
Verdict Choices:
1. Murder
2. Voluntary Manslaughter with a Deadly Weapon,
A Felony
3. Voluntary Manslaughter without a Deadly
Weapon, B Felony
4. Not Guilty by reason of Self Defense
5. Not Guilty because Elements of Murder not
Proven
Jury Verdict?
Guilty of Voluntary
Manslaughter
Questions??
Thank you!
Two Distinct Shots
• Robert Rollins – Tyrone’s hands out, palms up,
no weapons, “Are you gonna shoot me?”, shot
fired, defendant grabs abdomen, steps toward
Tyrone, shoots again,
• Lachelle Turner – walking away, looked over
shoulder, first shot, dropped to ground, second
shot, ran out
• Hashim Cooper – heard shot, got down on the
floor, heard second shot
• William Owens – back in the office, heard two
shots, checked on wife, saw what happened,
called 911
Two Distinct Shots
• Angela Porter – Tyrone’s hands out, palms up, no
weapons, “Are you gonna shoot me?”, heard
shot, pause, second shot
• Natalie Smith – talking to DJ, heard sound,
turned to look, nobody running, turned back to
DJ, started talking again, second shot fired,
people running
• Wendell Holman – heard shot, ducked down,
heard second shot
• Andre White – Defendant going backward, first
shot fired, people moved, Tyrone charging
defendant, second shot fired, Tyrone fell
Forensic Evidence of the Shooting
• Gun in proper operating condition
– Trigger pull analysis
• No powder residue / stippling on Tyrone
• First shot to the abdomen – could have
been fatal but with prompt treatment,
probably not
• Second shot – fatal shot, downward angle
through body, likely fatal with immediate
treatment
Facts
• Defendant brought gun into the bar
• Defendant entered the bar by avoiding security
• Defendant was punched one time in the face –
not serious bodily injury
• Defendant fired upon an unarmed Tyrone
Haywood – Twice!
• Defendant fired from a “safe distance”
• Defendant fired the kill shot after a pause
• Defendant would not allow assistance for Tyrone
• “Let him die.”
“Let him die.”
• At time of shooting, no expression on
his face – no fear, no reaction.
• Said “Don’t touch him” according to
William Owens
• Said “Let him die” according to Robert
Rollins
• Told Detective Pirtle “They tried to help
him.”
What this Crime IS:
Would not allow others
to come to give
assistance
Unarmed Tyrone
Haywood with
arms extended
out, hands open,
palms up, not
aggressive
Two shots fired,
pause between shots,
fired from 5+ feet away,
MURDER
Retribution for what had
happened to his
Sister and Niece, to his
Son, and to his family that
he could not protect
Taking law into
his own hands
because the
police have done
nothing
Retaliation for being
punched in the mouth
-Not serious bodily
injury
Murdered – April 11, 2010
Verdict Choices:
1. Murder
2. Voluntary Manslaughter with a Deadly Weapon,
A Felony
3. Voluntary Manslaughter without a Deadly
Weapon, B Felony
4. Not Guilty by reason of Self Defense
5. Not Guilty because Elements of Murder not
Proven