Hawkins v. State

884 N.E.2d 939, 2008 Ind. App. LEXIS 949, 2008 WL 1869512
Indiana Court of Appeals·Decided April 29, 2008·No. 27A04-0706-CR-318·Published·Cited by 21 cases

Opinion

OPINION

MATHIAS, Judge.

Joyce Hawkins (“Joyce”) was convicted in Grant Superior Court of murder, and sentenced to sixty years. Joyce raises five issues on appeal that we restate as follows:

I. Whether the trial court erred in allowing testimony regarding an attempt to conceal the shooting of Tim Hawkins (“Tim”).
II. Whether the State presented sufficient independent evidence that a murder was committed to permit admission of Joyce’s confession into evidence.
III. Whether letters written by Joyce were seized in violation of her constitutional right to privacy.
IV. Whether the trial court erred in refusing to allow Joyce to admit into evidence phone calls when it had allowed the State to admit other phone calls.
V. Whether the evidence is sufficient to establish that Joyce murdered Tim.

We affirm.

Facts and Procedural History

Joyce and Tim had been married, and after getting a divorce, Tim still lived with Joyce at her home in Gas City. Theirs was a tempestuous relationship that involved a number of calls to the police, specifically, in reference to this case, on February 15, 20, and 21, 2004. During the months preceding Tim’s disappearance in March, Joyce told Tim’s mother and a friend that she was going to kill him. At all relevant times, Joyce owned a nine-millimeter handgun.

Beginning in April 2003, Tim and Joyce began work as truck drivers with a trucking company. They were both aware of the presence of a GPS tracking system in the truck. Initially they worked full time but then cut back to part time because of personal issues. In February 2004, Tim picked up a truck from the company’s headquarters.

Joyce and Tim planned to build a house on property they referred to as “the farm.” On March 6, 2004, Tim submitted a change of address to the post office, moving from Joyce’s house to his mother’s house. An address change was also filed on March 13, 2004, switching the mail from Joyce’s house to Tim’s sister’s address.

On March 7, 2004, Joyce drank at a bar to the point of intoxication. Her father took her home, and during this trip she apparently fell down, becoming “scraped up” as a result. On March 8, 2004, Joyce did not remember the fall and believed that Tim had beaten her up. Joyce looked for Tim and found him at a friend’s house. Tim ignored her.

According to the GPS tracking system, on March 8, 2004, Tim’s truck was located in Kokomo at 1:50 p.m. where it remained until 2:10 a.m. the next day. On March 8, 2004, Joyce walked to her aunt’s home in Kokomo sometime before 2:33 p.m. and requested a ride to “the farm.” On March 9, 2004, the trucking company received a message from Tim’s truck stating, “Mike I[sic] sorry but I quit your truck is Indiana at 169 at Exit 19 by Subway Tim.”

On March 10, 2004, a sheriffs deputy responded to a report of an abandoned vehicle in Pendleton, which he discovered was Tim’s truck. Upon inspection, the sheriffs deputy noted a broken window, unlocked door, clean interior, and lack of *942 blood. Shortly thereafter, a trucking company employee transported the truck to a company facility in Columbus, Ohio. The company began to repair the truck and prepare it for sale. They replaced the driver’s side window, replaced the driver’s side seat, began to repair pry marks around the door, and cleaned up the bro-7 ken glass inside the truck. Additionally, they found a nine-millimeter bullet casing inside the dashboard. At no point did they find any blood, but they did note the torn seat and mattress and the presence of diesel fuel inside the cab.

After the truck had been recovered, a crime scene technician, Sergeant John Kelly (“Sergeant Kelly”), of the Indiana State Police went to Ohio to process the truck. At that time, the trucking company had already begun to repair the truck but had taken photos of the truck when it was recovered. Initially, Sergeant Kelly noted white marks indicating something being dragged across the floor of the cab and the presence of diesel fuel. Upon further investigation, Sergeant Kelly found that a mattress had two portions cut out of it. Also, Sergeant Kelly noted stains on the curtain behind the driver’s seat. He collected the curtain and the stain for analysis. He also noted several small stains around the base of the driver’s seat. Of five stains analyzed, only three came back as bloodstains, possibly from Tim. Two bloodstains were found around the base of the driver’s seat and one on the curtain behind the driver’s seat.

On March 29, 2004, Tim’s family filed a missing person report after being notified by the trucking company that he had quit and abandoned the truck. After a press release asking for information on Tim, the police received four reports from persons who believed that they had seen a person who looked like Tim since he had been reported missing. The police did not follow up on these reports.

On August 3, 2004, Joyce was arrested on an unrelated intimidation charge. In early September of 2004, while in prison, Joyce wrote to a police officer and offered to provide information regarding narcotics in exchange for her release. During the conversation, the officer asked about Tim, but Joyce refused to speak of it.

On September 9, 2004, Joyce confessed her involvement in Tim’s death. Specifically, Joyce claimed that she accidentally shot Tim inside the truck at the farm. She then attempted to conceal the incident. Joyce claimed that she left Tim in the cab and returned home. She claimed that she returned later after buying five bottles of hydrogen peroxide from the Dollar General store. She said that she pulled Tim’s body from the cab and put his body in a wheelbarrow to move it to the back of the property. However, when the body fell out of the wheelbarrow, she decided to burn the body where it fell near a building on the property. She claimed that she burned the body over the course of three or four days. Joyce also claimed that she threw the gun used in the shooting into the river. She then claimed to have taken the truck to Exit 19 to finish cleaning out the cab.

Joyce took three police officers to the river and showed where she had thrown the gun. Then they went to the farm where she showed them where Tim’s body had been burned. Thereafter, the investigators followed up on the details of Joyce’s confession. Using the GPS equipment in the truck, they determined that the truck could not have been at the farm when she said she was there. Also, Dollar General’s sales records did not show any purchase of hydrogen peroxide for the time period claimed. The gun was never recovered despite two searches of the river. No *943 evidence of a burned body was ever found at the farm.

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Hawkins v. State, 884 N.E.2d 939, 2008 Ind. App. LEXIS 949, 2008 WL 1869512 (Ind. Ct. App. 2008).

884 N.E.2d 939 (Hawkins v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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