MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Oct 23 2020, 8:43 am court except for the purpose of establishing the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Sean P. Hilgendorf Curtis T. Hill, Jr. South Bend, Indiana Attorney General of Indiana Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Jeremiah Lamar Ware, October 23, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-1133 v. Appeal from the St. Joseph Superior Court State of Indiana, The Honorable Jane Woodward Appellee-Plaintiff Miller, Judge Trial Court Cause No. 71D01-1901-F1-3
Weissmann, Judge.
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 1 of 6 [1] The trial court convicted Jeremiah Ware of Level 1 Felony Attempted Murder
after a bench trial.1 Ware now appeals, arguing that his conviction was based
on insufficient evidence to prove he fired a weapon and that if he did, that he
fired with the intent to kill. Finding no error, we affirm.
Facts [2] On January 14, 2019, Chaelice Abdulla and Tuesdae Stenson were hanging out
at Stenson’s home on Cushing Street in South Bend. At some point, Stenson
became involved in a fight on social media with Symone Berry. Berry then
showed up outside Stenson’s place driving a red Dodge Avenger. Kanija
Taylor was in the front passenger seat. Tyreik Williams was sitting behind
Berry, and Jeremiah Ware was sitting behind Taylor. Both Taylor and Berry
got out of the car. Berry and Stenson continued to argue. Abdulla watched
from the window in Stenson’s living room. Surveillance footage taken from the
house across the street shows a figure in the window, presumably Abdulla,
messing with the blinds. State’s Ex. 1.
[3] Shots were fired upon Stenson’s home. The surveillance footage shows a man
sliding out of the rear driver’s side window where Williams sat and firing at
Stenson’s residence. Id. Taylor testified that she also heard shots fired from the
rear inside the car, where Ware sat. Tr. Vol. II p. 111-12. Another witness
testified to seeing gunfire emerge from the passenger side of the car. Id. at 193.
1 Ind. Code §§ 35-42-1-1; 35-41-5-1; 35-41-2-4.
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 2 of 6 A nearby sensor recorded fourteen shots, twelve of which were later connected
to Williams’ handgun. Two shots were fired from an unknown gun. One of the
bullets traced to the gun fired by Williams hit Abdulla, puncturing her lung and
hitting her spine.
[4] After the shooting stopped, Berry drove away. Taylor turned to the backseat
and saw two guns — one handgun in Williams’ lap and one long gun resting in
the middle of the backseat. She testified that she called the two men “dumb”
and Ware told her not to say anything about the incident. Id. at 127-28.
[5] Police arrived shortly after the shooting ended. Upon entering Stenson’s home,
they found Abdulla unresponsive on the living room floor. Abdulla survived,
but she can no longer walk and uses a wheelchair. Police recovered four
projectiles from the living room and twelve bullet casings in the street directly in
front of Stenson’s home. One bullet was also recovered from Abdulla’s body.
[6] The next day, police stopped Berry’s red Dodge Avenger. She, Ware, and
Williams were in the car. Berry was driving, Ware was in the front passenger
seat, and Williams was in the back. The police took Berry, Ware, and Williams
into custody. Upon searching the car, police recovered a Smith & Wesson
handgun in the backseat containing Williams’ fingerprints. There was no
physical evidence that Ware had ever handled that gun. Police also found two
9mm shell casings in the back seat. According to the Firearm and Toolmark
Examiner at the South Bend Police Department Crime Lab, these casings were
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 3 of 6 not fired from the Smith & Wesson. The Smith & Wesson did fire the bullet
that struck Abdulla and the casings found in the street. Id. at 219-22.
[7] On January 18, 2019, the State charged Ware with Level 1 felony attempted
murder and Level 3 felony aggravated battery. His two-day bench trial started
on January 21, 2020. In its memorandum and order, filed January 31, 2020,
the trial court found that Taylor’s testimony was “credible and corroborated.”
Mem. and Order p. 5. It found that Ware was in the car, fourteen shots were
fired, that Ware fired two shots into Stenson’s window, and that he intended to
kill. Id. at 3-6. As a result, the trial court found Ware guilty on both counts,
but only entered judgment for attempted murder due to double jeopardy
concerns. The trial court sentenced Ware to thirty years in prison and he now
appeals.
Discussion and Decision [8] Ware argues that the State’s evidence at trial was insufficient to support his
conviction; first, because the evidence does not prove that he fired at Stenson’s
home, and second, because there was no proof that he had intent to kill. When
reviewing the sufficiency of the evidence to support a conviction, we “must
consider only the probative evidence and reasonable inferences supporting the
verdict.” Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We will not reweigh
evidence or reassess witness credibility. Id. Instead, we affirm unless no
reasonable factfinder could determine that each element of the crime was
proved beyond a reasonable doubt. Id. Even if reasonable people might
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 4 of 6 disagree, we cannot set aside the trial court’s findings. Durham v. State, 250 Ind.
555, 560, 238 N.E.2d 9, 12 (Ind. 1968).
[9] To find Ware guilty of attempted murder, the State was required to prove
beyond a reasonable doubt that he acted knowingly or intentionally to kill
another human being and that his actions constituted a substantial step toward
the commission of that crime. I.C. §§ 35-42-1; 35-41-5-1.
I. Evidence Ware Fired a Gun [10] Ware argues that the trial court “heap[ed] guesses upon speculation” in
reaching the conclusion that Ware fired at Stenson’s home on January 14,
2019. Appellant’s Brief p. 17. The court’s finding was based on the following
evidence: Taylor believed Ware fired a gun, because she heard gunshots near
her ear; she thus believed those shots were fired from inside Berry’s car, unlike
the shots Williams fired over the car; Taylor saw two guns in the backseat (a
handgun in Williams’s lap and a long gun resting on the seat between the two
men); Ware told Taylor not to mention the incident to anyone; the forensic
report on the audio recording of the shooting indicated that two shots sounded
different than the other twelve recorded, which could indicate that a second
weapon was fired; and the two 9mm casings found in the backseat of Berry’s
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MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Oct 23 2020, 8:43 am court except for the purpose of establishing the defense of res judicata, collateral CLERK Indiana Supreme Court estoppel, or the law of the case. Court of Appeals and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Sean P. Hilgendorf Curtis T. Hill, Jr. South Bend, Indiana Attorney General of Indiana Evan Matthew Comer Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Jeremiah Lamar Ware, October 23, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CR-1133 v. Appeal from the St. Joseph Superior Court State of Indiana, The Honorable Jane Woodward Appellee-Plaintiff Miller, Judge Trial Court Cause No. 71D01-1901-F1-3
Weissmann, Judge.
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 1 of 6 [1] The trial court convicted Jeremiah Ware of Level 1 Felony Attempted Murder
after a bench trial.1 Ware now appeals, arguing that his conviction was based
on insufficient evidence to prove he fired a weapon and that if he did, that he
fired with the intent to kill. Finding no error, we affirm.
Facts [2] On January 14, 2019, Chaelice Abdulla and Tuesdae Stenson were hanging out
at Stenson’s home on Cushing Street in South Bend. At some point, Stenson
became involved in a fight on social media with Symone Berry. Berry then
showed up outside Stenson’s place driving a red Dodge Avenger. Kanija
Taylor was in the front passenger seat. Tyreik Williams was sitting behind
Berry, and Jeremiah Ware was sitting behind Taylor. Both Taylor and Berry
got out of the car. Berry and Stenson continued to argue. Abdulla watched
from the window in Stenson’s living room. Surveillance footage taken from the
house across the street shows a figure in the window, presumably Abdulla,
messing with the blinds. State’s Ex. 1.
[3] Shots were fired upon Stenson’s home. The surveillance footage shows a man
sliding out of the rear driver’s side window where Williams sat and firing at
Stenson’s residence. Id. Taylor testified that she also heard shots fired from the
rear inside the car, where Ware sat. Tr. Vol. II p. 111-12. Another witness
testified to seeing gunfire emerge from the passenger side of the car. Id. at 193.
1 Ind. Code §§ 35-42-1-1; 35-41-5-1; 35-41-2-4.
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 2 of 6 A nearby sensor recorded fourteen shots, twelve of which were later connected
to Williams’ handgun. Two shots were fired from an unknown gun. One of the
bullets traced to the gun fired by Williams hit Abdulla, puncturing her lung and
hitting her spine.
[4] After the shooting stopped, Berry drove away. Taylor turned to the backseat
and saw two guns — one handgun in Williams’ lap and one long gun resting in
the middle of the backseat. She testified that she called the two men “dumb”
and Ware told her not to say anything about the incident. Id. at 127-28.
[5] Police arrived shortly after the shooting ended. Upon entering Stenson’s home,
they found Abdulla unresponsive on the living room floor. Abdulla survived,
but she can no longer walk and uses a wheelchair. Police recovered four
projectiles from the living room and twelve bullet casings in the street directly in
front of Stenson’s home. One bullet was also recovered from Abdulla’s body.
[6] The next day, police stopped Berry’s red Dodge Avenger. She, Ware, and
Williams were in the car. Berry was driving, Ware was in the front passenger
seat, and Williams was in the back. The police took Berry, Ware, and Williams
into custody. Upon searching the car, police recovered a Smith & Wesson
handgun in the backseat containing Williams’ fingerprints. There was no
physical evidence that Ware had ever handled that gun. Police also found two
9mm shell casings in the back seat. According to the Firearm and Toolmark
Examiner at the South Bend Police Department Crime Lab, these casings were
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 3 of 6 not fired from the Smith & Wesson. The Smith & Wesson did fire the bullet
that struck Abdulla and the casings found in the street. Id. at 219-22.
[7] On January 18, 2019, the State charged Ware with Level 1 felony attempted
murder and Level 3 felony aggravated battery. His two-day bench trial started
on January 21, 2020. In its memorandum and order, filed January 31, 2020,
the trial court found that Taylor’s testimony was “credible and corroborated.”
Mem. and Order p. 5. It found that Ware was in the car, fourteen shots were
fired, that Ware fired two shots into Stenson’s window, and that he intended to
kill. Id. at 3-6. As a result, the trial court found Ware guilty on both counts,
but only entered judgment for attempted murder due to double jeopardy
concerns. The trial court sentenced Ware to thirty years in prison and he now
appeals.
Discussion and Decision [8] Ware argues that the State’s evidence at trial was insufficient to support his
conviction; first, because the evidence does not prove that he fired at Stenson’s
home, and second, because there was no proof that he had intent to kill. When
reviewing the sufficiency of the evidence to support a conviction, we “must
consider only the probative evidence and reasonable inferences supporting the
verdict.” Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We will not reweigh
evidence or reassess witness credibility. Id. Instead, we affirm unless no
reasonable factfinder could determine that each element of the crime was
proved beyond a reasonable doubt. Id. Even if reasonable people might
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 4 of 6 disagree, we cannot set aside the trial court’s findings. Durham v. State, 250 Ind.
555, 560, 238 N.E.2d 9, 12 (Ind. 1968).
[9] To find Ware guilty of attempted murder, the State was required to prove
beyond a reasonable doubt that he acted knowingly or intentionally to kill
another human being and that his actions constituted a substantial step toward
the commission of that crime. I.C. §§ 35-42-1; 35-41-5-1.
I. Evidence Ware Fired a Gun [10] Ware argues that the trial court “heap[ed] guesses upon speculation” in
reaching the conclusion that Ware fired at Stenson’s home on January 14,
2019. Appellant’s Brief p. 17. The court’s finding was based on the following
evidence: Taylor believed Ware fired a gun, because she heard gunshots near
her ear; she thus believed those shots were fired from inside Berry’s car, unlike
the shots Williams fired over the car; Taylor saw two guns in the backseat (a
handgun in Williams’s lap and a long gun resting on the seat between the two
men); Ware told Taylor not to mention the incident to anyone; the forensic
report on the audio recording of the shooting indicated that two shots sounded
different than the other twelve recorded, which could indicate that a second
weapon was fired; and the two 9mm casings found in the backseat of Berry’s
car were not fired from the gun traced to Williams that fired the other twelve
shots. Mem. and Order p. 4-5. The trial court found Taylor’s testimony
credible and the forensic evidence convincing. Id at 5. A reasonable factfinder
could infer from this evidence that Ware fired a gun.
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 5 of 6 II. Evidence of Intent to Kill [11] Additionally, there is sufficient evidence to find that Ware had the requisite
intent to commit attempted murder. “The intent to kill may be inferred from
the deliberate use of a deadly weapon in a manner likely to cause death or
serious injury. [Our Supreme Court] has found sufficient evidence for
conviction when the evidence indicates that a weapon was fired in the direction
of the victim.” Bethel v. State, 730 N.E.2d 1242, 1245 (Ind. 2000) (internal
citations omitted). The surveillance video shows someone at Stenson’s
window, repeatedly shifting the blinds. The physical evidence indicates the
gunmen fired fourteen shots, at least thirteen of which struck near that window.
If twelve of these shots were from the Smith & Wesson bearing Williams’
fingerprints, then a reasonable person could conclude that two of those shots
were from the second gun fired by Ware. Altogether, this evidence is sufficient
to prove that Ware shot at Abdullah as she hovered inside the home behind the
window, and therefore Ware acted with the requisite intent to commit
attempted murder.
[12] The evidence is sufficient to support the trial court’s findings. Finding no error,
we affirm.
[13] The judgment of the trial court is affirmed.
Bailey, J., and Vaidik, J., concur.
Court of Appeals of Indiana | Memorandum Decision 20A-CR-1133 | October 23, 2020 Page 6 of 6