Krempetz v. State

872 N.E.2d 605, 2007 Ind. LEXIS 695, 2007 WL 2429842
CourtIndiana Supreme Court
DecidedAugust 29, 2007
Docket20S00-0607-CR-270
StatusPublished
Cited by25 cases

This text of 872 N.E.2d 605 (Krempetz v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krempetz v. State, 872 N.E.2d 605, 2007 Ind. LEXIS 695, 2007 WL 2429842 (Ind. 2007).

Opinion

RUCKER, Justice.

Case Summary

Spenser A. Krempetz appeals his sentence of life imprisonment without parole *608 (LWOP) after pleading guilty to murder, a felony, conspiracy to commit murder, a Class A felony, and criminal confinement while armed with a deadly weapon, a Class B felony. Krempetz presents three issues for review which he phrases as follows:

1. Was there sufficient evidence to establish the two aggravators relied upon by the trial court to support the sentence’ of life without parole?
2. In imposing the sentence of life without parole on the conviction for murder and enhancing the sentences for the other two felonies, did the trial court properly weigh the aggravating and mitigating circumstances?
3. Was the sentence inappropriate under Indiana Appellate Rule 7(B)?

We affirm.

Facts and Procedural History

Eighteen-year-old Krempetz and his seventeen-year-old girlfriend Hannah Stone, along with a mutual friend, seventeen-year-old Aaron McDonald, devised a plan to rob and kill Stone’s mother, Barbara Jo Keim. Stone conceived of the idea to “get rid of’ Keim because she was annoyed that her mother did not approve of her relationship with Krempetz. McDonald was promised $400 for his efforts. Stone had recently moved out of her mother’s home, and thus Keim lived alone in an apartment in Middlebury, Elkhart County, Indiana. The accomplices agreed that Krempetz and McDonald would hide in the stairwell located next to the apartment and Stone would knock on the door and ask her mother for clothing. They knew that Keim would not let them inside if she saw the two young men, especially Krempetz. Once Keim opened the door, Krempetz would tackle her and McDonald would follow armed with a handgun. Money obtained from Keim’s credit union account would be used to pay McDonald.

The trio proceeded to execute the plan. On August 4, 2005, the group went to Keim’s apartment. Krempetz and McDonald hid in the stairwell, Stone knocked on her mother’s door, and when Keim opened the door, Krempetz ran inside and tackled her. Armed with a handgun McDonald followed. Krempetz overpowered a screaming Keim, and while McDonald held her at gunpoint, Krempetz bound Keim with duct tape over her arms, eyes, and mouth. In the meantime, searching Keim’s purse, Stone retrieved Keim’s ATM card. Removing the tape from her mouth long enough to get a response, Krempetz asked Keim about the location of her credit union, her PIN, and the amount of money in her account.

Krempetz and McDonald then drove Keim to the credit union. Stone remained at the apartment because the trio was concerned that someone may have called the police after hearing Keim screaming. The plan was to throw the police off track in the event officers came to check on the incident. Arriving at the ATM McDonald gave his handgun to Krempetz, exited the car, and attempted to obtain $800 or $1000. After two failed attempts McDonald retrieved $200. McDonald returned to the car, and Krempetz drove away. After a period of time that McDonald later testified “felt like hours,” Tr. at 51, Krempetz drove to a cornfield in an adjacent county. Barefoot and still bound with duct tape, Keim was marched into the field where Krempetz fatally shot her in the back of the head. McDonald then gave Krempetz the $200. Krempetz kept half and gave the other half back to McDonald.

Within days of these events all three accomplices were arrested and charged as codefendants with Count I murder, a felony; Count II conspiracy to commit murder, a Class A felony; and Count III criminal confinement while armed with a deadly weapon, a Class B felony. The *609 State also requested life imprisonment without parole alleging three aggravating factors: intentional killing while committing or attempting to commit robbery, Ind.Code § 35-50-2-9(b)(l)(G); the defendants committed the murder while lying in wait, I.C. § 35 — 50—2—9(b)(3); and the defendants committed the murder by hiring another person to kill. I.C. § 35-50-2 — 9(b)(5). In March 2006, without the benefit of a plea agreement, Krempetz pleaded guilty as charged. Judgment was entered accordingly. 1

Thereafter, the trial court conducted the sentencing phase of trial. After presentation of evidence and consideration of counsels’ arguments the trial court concluded the State proved beyond a reasonable doubt two of the three statutory aggravating factors. Finding the aggravating circumstances outweighed Krempetz’s proffered mitigating circumstances the trial court imposed a sentence of life imprisonment without parole. The trial court also imposed a forty-five-year term of imprisonment for the conspiracy to commit murder conviction and a twenty-year term for the criminal confinement conviction. The trial court ordered these sentences to be served consecutively.

Krempetz now seeks review. Pursuant to Indiana Appellate Rule 4(A)(1)(a), this Court has mandatory and exclusive jurisdiction over this appeal. Additional facts are discussed below where necessary.

Discussion

I.

Sufficiency of Evidence

The trial court determined that the State proved beyond a reasonable doubt the existence of two alleged statutory aggravating factors: Krempetz intentionally killed while committing or attempting to commit robbery, I.C. § 35-50-2-9(b)(l)(G), and Krempetz committed the murder while lying in wait. I.C. § 35-50-2-9(b)(3). 2 Krempetz contends the trial court erred in doing so because the evidence was insufficient to support either aggravator.

Our standard of review for examining the sufficiency of the evidence to support a statutory aggravating circumstance is the same standard for determining the sufficiency of evidence to convict. Washington v. State, 808 N.E.2d 617, 626 (Ind.2004). We examine the evidence tending to support the verdict and all reasonable inferences therefrom without weighing the evidence or assessing witness credibility. Id. We determine whether the evidence constitutes substantial evidence of probative value from which a reasonable trier of fact could find the existence of the aggravator beyond a reasonable doubt. Fleenor v. State, 622 N.E.2d 140, 151 (Ind.1993).

A. Intentional killing while committing robbery aggravator

Krempetz does not dispute that a robbery occurred. Focusing on the point in time at which $200 was withdrawn from Keim’s account and the fact that the shooting occurred much later and at a different location, Krempetz contends “the robbery had been completed a sufficient amount of time before the murder so as to place the *610 act of murder outside the course of the robbery.” Br. of Appellant at 8. Therefore, according to Krempetz, the killing did not occur “while” committing robbery.

We addressed a similar claim in Davis v. State,

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Cite This Page — Counsel Stack

Bluebook (online)
872 N.E.2d 605, 2007 Ind. LEXIS 695, 2007 WL 2429842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krempetz-v-state-ind-2007.