MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Jan 11 2017, 6:01 am
court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Michael R. Fisher Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana Christina D. Pace Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
John Webb, January 11, 2017 Appellant-Defendant, Court of Appeals Case No. 49A02-1603-CR-632 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Marc T. Appellee-Plaintiff. Rothenberg, Judge Trial Court Cause No. 49G02-1307-MR-43402
Pyle, Judge.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 1 of 7 Statement of the Case [1] John Webb (“Webb”) appeals his conviction by jury of murder1 as well as the
sentence imposed thereon. He argues that the evidence is insufficient to
support his conviction because the State failed to prove his identity beyond a
reasonable doubt and that his sixty-two (62) year sentence is inappropriate.
Concluding that the evidence is sufficient and that his sentence is not
inappropriate, we affirm.
[2] We affirm.
Issues 1. Whether there is sufficient evidence to support Webb’s murder conviction:
2. Whether Webb’s sentence is inappropriate.
Facts [3] The facts most favorable to the verdict reveal that on June 7, 2012, Webb gave
Kathy Beilouny (“Beilouny”) a ride to the bank on his motor scooter. Beilouny
cashed a check for $300.00 at approximately 12:20 p.m. Webb then drove
Beilouny back to her house, where they smoked some crack cocaine.
[4] At some point, Webb viciously attacked Beilouny with a knife. The attack
started in the living room and continued into the kitchen. Webb stabbed
1 IND. CODE § 35-42-1-1.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 2 of 7 Beilouny forty times in the face and neck. Her carotid artery and jugular vein
were “completely injured” on the left side of her body, causing extensive blood
loss. (Tr. 196). Beilouny also suffered blunt-force injuries to her head and face
as well as extensive bruising. She had defensive wounds on her arms, hands,
and fingers. Beilouny died as a result of the knife injuries to her neck.
[5] Indianapolis Metropolitan Police Department (“IMPD”) police and crime
scene specialists were dispatched to Beilouny’s house and found large amounts
of blood in the kitchen and living room. They also noticed blood on the side
door, porch stoop, and driveway. IMPD homicide detective Chris Craighill
(“Detective Craighill”) knew that the “blood . . . exiting the residence . . .
wasn’t [Beilouny’s].” (Tr. 69). Specifically, Detective Craighill explained that
because Beilouny died in the kitchen, “anything past that is not going to be
hers.” (Tr. 626).
[6] DNA testing of blood samples found on Beilouny, in her house, and on her
driveway identified Webb’s DNA. Specifically, Webb’s DNA was found on
the: (1) living room wall; (2) dining room table; (3) t-shirt Beilouny was
wearing at the time of her death; (4) windowpane; (5) back door frame; (6) back
door; and (7) driveway pavement. A swab of blood taken from the porch step
revealed a mixture of Beilouny’s and Webb’s DNA. Webb’s DNA was also
found under Beilouny’s finger nails. Police officers did not find any cash in
Beilouny’s house. After hearing the evidence, the jury convicted Webb of
murder.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 3 of 7 [7] Webb’s presentence investigation report revealed that he has a criminal history
that spans twenty-five years and includes one misdemeanor conviction for false
reporting and seven felony convictions, one for forgery and six for theft. He
also has six probation revocations and three home detention revocations. At
the sentencing hearing, the trial court stated as follows regarding the horrific
nature of the offense:
The scene of this crime was something out of a horror movie. It was violent. It was brutal. It was animalistic. It was – I mean, it was clear to me from that evidence that I viewed that Ms. Beilouny went through – her attack was more than simply a murder. It was a nightmarish ordeal that she went through.
(Tr. 996). Following the sentencing hearing, the trial court sentenced Webb to
sixty-two (62) years executed at the Department of Correction. Webb now
appeals his conviction and sentence.
Decision 1. Sufficiency of the Evidence
[8] Webb first argues that there is insufficient evidence to support his conviction
because the State failed to prove his identity beyond a reasonable doubt. Our
standard of review for sufficiency of the evidence claims is well settled. We
consider only the probative evidence and reasonable inferences supporting the
verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We do not reweigh
the evidence or judge witness credibility. Id. We will affirm the conviction
unless no reasonable fact finder could find the elements of the crime proven
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 4 of 7 beyond a reasonable doubt. Id. The evidence is sufficient if an inference may
be reasonably drawn from it to support the verdict. Id. at 147.
[9] Webb cites Brink v. State, 837 N.E.2d 192, 194 (Ind. Ct. App. 2005), trans.
denied, in support of his argument that his “‘mere presence at the crime scene
with the opportunity to commit the crime is not a sufficient basis on which to
support a conviction.’” (Webb’s Br. 14). According to Webb, “the
circumstantial evidence establishes no more than what Mr. Webb told to the
police and testified to at trial: that he was with Kathy Beilouny and in her
house shortly before she died.” (Webb’s Br. 14).
[10] However, we agree with the State that “[a]mple evidence supported the jury’s
conclusions that [Webb] was the individual who committed Beilouny’s
murder.” (State’s Br. 11). Specifically, our review of the evidence reveals that
Webb’s DNA was found throughout the bloody crime scene, including the
living room and dining room as well as on the t-shirt that Beilouny was wearing
at the time of her murder. Webb’s DNA was also found on the back door
frame, the exterior back door, and on the driveway pavement. In addition,
Webb’s DNA was found under Beilouny’s fingernails. This evidence is
sufficient to establish Webb’s identity beyond a reasonable doubt and to support
his murder conviction.
[11] Webb’s argument that he left his blood throughout the house after he cut his
hand and shook it while screaming, and his theory that Beilouny had his DNA
under her fingernails because he was not wearing a shirt when she was holding
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 5 of 7 on to him on his motor scooter are nothing more than requests that we reweigh
the evidence. This we will not do. See Drane, 867 N.E.2d at 146. There is
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MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Jan 11 2017, 6:01 am
court except for the purpose of establishing CLERK Indiana Supreme Court the defense of res judicata, collateral Court of Appeals and Tax Court estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Michael R. Fisher Curtis T. Hill, Jr. Marion County Public Defender Agency Attorney General of Indiana Indianapolis, Indiana Christina D. Pace Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
John Webb, January 11, 2017 Appellant-Defendant, Court of Appeals Case No. 49A02-1603-CR-632 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Marc T. Appellee-Plaintiff. Rothenberg, Judge Trial Court Cause No. 49G02-1307-MR-43402
Pyle, Judge.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 1 of 7 Statement of the Case [1] John Webb (“Webb”) appeals his conviction by jury of murder1 as well as the
sentence imposed thereon. He argues that the evidence is insufficient to
support his conviction because the State failed to prove his identity beyond a
reasonable doubt and that his sixty-two (62) year sentence is inappropriate.
Concluding that the evidence is sufficient and that his sentence is not
inappropriate, we affirm.
[2] We affirm.
Issues 1. Whether there is sufficient evidence to support Webb’s murder conviction:
2. Whether Webb’s sentence is inappropriate.
Facts [3] The facts most favorable to the verdict reveal that on June 7, 2012, Webb gave
Kathy Beilouny (“Beilouny”) a ride to the bank on his motor scooter. Beilouny
cashed a check for $300.00 at approximately 12:20 p.m. Webb then drove
Beilouny back to her house, where they smoked some crack cocaine.
[4] At some point, Webb viciously attacked Beilouny with a knife. The attack
started in the living room and continued into the kitchen. Webb stabbed
1 IND. CODE § 35-42-1-1.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 2 of 7 Beilouny forty times in the face and neck. Her carotid artery and jugular vein
were “completely injured” on the left side of her body, causing extensive blood
loss. (Tr. 196). Beilouny also suffered blunt-force injuries to her head and face
as well as extensive bruising. She had defensive wounds on her arms, hands,
and fingers. Beilouny died as a result of the knife injuries to her neck.
[5] Indianapolis Metropolitan Police Department (“IMPD”) police and crime
scene specialists were dispatched to Beilouny’s house and found large amounts
of blood in the kitchen and living room. They also noticed blood on the side
door, porch stoop, and driveway. IMPD homicide detective Chris Craighill
(“Detective Craighill”) knew that the “blood . . . exiting the residence . . .
wasn’t [Beilouny’s].” (Tr. 69). Specifically, Detective Craighill explained that
because Beilouny died in the kitchen, “anything past that is not going to be
hers.” (Tr. 626).
[6] DNA testing of blood samples found on Beilouny, in her house, and on her
driveway identified Webb’s DNA. Specifically, Webb’s DNA was found on
the: (1) living room wall; (2) dining room table; (3) t-shirt Beilouny was
wearing at the time of her death; (4) windowpane; (5) back door frame; (6) back
door; and (7) driveway pavement. A swab of blood taken from the porch step
revealed a mixture of Beilouny’s and Webb’s DNA. Webb’s DNA was also
found under Beilouny’s finger nails. Police officers did not find any cash in
Beilouny’s house. After hearing the evidence, the jury convicted Webb of
murder.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 3 of 7 [7] Webb’s presentence investigation report revealed that he has a criminal history
that spans twenty-five years and includes one misdemeanor conviction for false
reporting and seven felony convictions, one for forgery and six for theft. He
also has six probation revocations and three home detention revocations. At
the sentencing hearing, the trial court stated as follows regarding the horrific
nature of the offense:
The scene of this crime was something out of a horror movie. It was violent. It was brutal. It was animalistic. It was – I mean, it was clear to me from that evidence that I viewed that Ms. Beilouny went through – her attack was more than simply a murder. It was a nightmarish ordeal that she went through.
(Tr. 996). Following the sentencing hearing, the trial court sentenced Webb to
sixty-two (62) years executed at the Department of Correction. Webb now
appeals his conviction and sentence.
Decision 1. Sufficiency of the Evidence
[8] Webb first argues that there is insufficient evidence to support his conviction
because the State failed to prove his identity beyond a reasonable doubt. Our
standard of review for sufficiency of the evidence claims is well settled. We
consider only the probative evidence and reasonable inferences supporting the
verdict. Drane v. State, 867 N.E.2d 144, 146 (Ind. 2007). We do not reweigh
the evidence or judge witness credibility. Id. We will affirm the conviction
unless no reasonable fact finder could find the elements of the crime proven
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 4 of 7 beyond a reasonable doubt. Id. The evidence is sufficient if an inference may
be reasonably drawn from it to support the verdict. Id. at 147.
[9] Webb cites Brink v. State, 837 N.E.2d 192, 194 (Ind. Ct. App. 2005), trans.
denied, in support of his argument that his “‘mere presence at the crime scene
with the opportunity to commit the crime is not a sufficient basis on which to
support a conviction.’” (Webb’s Br. 14). According to Webb, “the
circumstantial evidence establishes no more than what Mr. Webb told to the
police and testified to at trial: that he was with Kathy Beilouny and in her
house shortly before she died.” (Webb’s Br. 14).
[10] However, we agree with the State that “[a]mple evidence supported the jury’s
conclusions that [Webb] was the individual who committed Beilouny’s
murder.” (State’s Br. 11). Specifically, our review of the evidence reveals that
Webb’s DNA was found throughout the bloody crime scene, including the
living room and dining room as well as on the t-shirt that Beilouny was wearing
at the time of her murder. Webb’s DNA was also found on the back door
frame, the exterior back door, and on the driveway pavement. In addition,
Webb’s DNA was found under Beilouny’s fingernails. This evidence is
sufficient to establish Webb’s identity beyond a reasonable doubt and to support
his murder conviction.
[11] Webb’s argument that he left his blood throughout the house after he cut his
hand and shook it while screaming, and his theory that Beilouny had his DNA
under her fingernails because he was not wearing a shirt when she was holding
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 5 of 7 on to him on his motor scooter are nothing more than requests that we reweigh
the evidence. This we will not do. See Drane, 867 N.E.2d at 146. There is
sufficient evidence to support Webb’s conviction.
2. Sentence
[12] Webb also argues that his sixty-two year sentence is inappropriate. Indiana
Appellate Rule 7(B) provides that we may revise a sentence authorized by
statute if, after due consideration of the trial court’s decision, we find that the
sentence is inappropriate in light of the nature of the offense and the character
of the offender. The defendant bears the burden of persuading this Court that
his sentence is inappropriate. Childress v. State, 848 N.E.2d 1073, 1080 (Ind.
2006). Whether we regard a sentence as inappropriate turns on the “culpability
of the defendant, the severity of the crime, the damage done to others, and
myriad other factors that come to light in a given case.” Cardwell v. State, 895
N.E.2d 1219, 1224 (Ind. 2008).
[13] When determining whether a sentence is inappropriate, we acknowledge that
the advisory sentence is the starting point the Legislature has selected as an
appropriate sentence for the crime committed. Childress, 848 N.E.2d at 1081.
Here, Webb was convicted of murder. The sentencing range for murder is from
forty-five (45) to sixty-five (65) years, with an advisory sentence of fifty-five (55)
years. I.C. § 35-50-2-3. The trial court sentenced Webb to sixty-two (62) years,
which is less than the maximum sentence.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 6 of 7 [14] With regard to the nature of the offense, the trial court pointed out at the
sentencing hearing that the crime scene was something akin to a horror movie.
There were large amounts of blood throughout the house and a trail of blood
out of the house and onto the driveway. The trial court further explained that
from the evidence that it reviewed, it was evident that Beilouny suffered
through a “nightmarish ordeal” during the violent and brutal attack, which
resulted in her death. (Tr. 997).
[15] With regard to his character, Webb has a criminal history that spans twenty-five
years. He has seven prior felony convictions, including one for forgery and six
for theft. He also has one prior misdemeanor conviction for false reporting. In
addition, he has six probation revocations and three home detention
revocations. Clearly, Webb’s former contacts with the law have not caused him
to reform himself. See Jenkins v. State, 909 N.E.2d 1080, 1086 (Ind. Ct. App.
2009), trans. denied. Based on the nature of the offense and his character, Webb
has failed to persuade this Court that his sixty-two year sentence for murder is
inappropriate.
[16] Affirmed.
Bradford, J., and Altice, J., concur.
Court of Appeals of Indiana | Memorandum Decision 49A02-1603-CR-632 | January 11, 2017 Page 7 of 7