IN THE
Court of Appeals of Indiana Lei Gamble, FILED Mar 27 2025, 9:08 am Appellant-Defendant CLERK Indiana Supreme Court Court of Appeals v. and Tax Court
State of Indiana, Appellee-Plaintiff
March 27, 2025 Court of Appeals Case No. 24A-CR-1115 Appeal from the Marion Superior Court The Honorable James B. Osborn, Judge Trial Court Cause No. 49D21-2109-MR-27738
Opinion by Judge Tavitas Chief Judge Altice and Judge Felix concur.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 1 of 35 Tavitas, Judge.
Case Summary [1] Lei Gamble appeals his convictions for murder, a felony, and carrying a
handgun without a license, a Class A misdemeanor. Seventeen-year-old
Gamble and another teen attempted to rob, and then shot, a man in the parking
lot of a gas station. Officers were able to quickly identify the suspects because
the incident was recorded on surveillance cameras. During an interview with
law enforcement, Gamble and his mother waived Gamble’s juvenile rights, and
Gamble admitted to robbing and shooting at the victim.
[2] On appeal, Gamble argues that his waiver of his rights was unknowing and
involuntary and, thus, the trial court abused its discretion by admitting his
statement to law enforcement. Gamble also argues that the trial court
committed fundamental error in instructing the jury because, during
deliberations in response to a jury question, the trial court directed the jury to
disregard the accessory liability instruction. We conclude that Gamble and his
mother signed the waiver knowingly and voluntarily and that the trial court did
not abuse its discretion by admitting Gamble’s statement. Moreover, any error
in the admission of Gamble’s statement was harmless given the overwhelming
evidence in this case. Further, Gamble invited any error with respect to the jury
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 2 of 35 instruction and, invited error notwithstanding, Gamble has failed to
demonstrate fundamental error. Accordingly, we affirm. 1
Issues [3] Gamble raises two issues, which we restate as:
I. Whether the trial court abused its discretion by admitting Gamble’s statement made to law enforcement.
II. Whether the trial court committed fundamental error when it instructed the jury to disregard the accessory liability instruction during deliberations.
Facts [4] On September 1, 2021, Felicia Harris was working for Lyft and was in the area
of 42nd Street and Post Road in Indianapolis. Harris was approaching a red
light next to a Marathon gas station when she heard a gunshot. Harris looked
toward the gas station and saw two men near the driver’s side of a parked
vehicle. Harris saw one of the men firing a gun into the vehicle. Harris heard
multiple gunshots and watched as the two men ran away. Harris drove into the
gas station parking lot and approached the parked vehicle. She saw a man—
later identified as Israel Raimundo Cruz—in the vehicle with bullet wounds to
1 We held oral argument in this case in the Indiana Supreme Court Courtroom on March 7, 2025, as part of an event for legislative interns. We thank counsel for their presentations, the interns for their attention, and our Supreme Court for hosting the event.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 3 of 35 his head, and she called 911. Law enforcement arrived on the scene and
discovered that Cruz was still alive with gunshot wounds to the head. Cruz
was transported to the hospital in critical condition.
[5] Detective Brian Sharp of the Lawrence Police Department quickly obtained
surveillance video footage from the gas station and a nearby business. The
videos showed a Volvo Crossover XC90 with a paper license plate and a sticker
on the back window of the vehicle parked at a gas pump; the vehicle then drove
around the gas station to where Cruz was parked. A woman with blonde hair
was driving the vehicle. The vehicle drove past Cruz’s vehicle and parked
behind the gas station.
[6] Two men—later identified as Gamble and Isaiah Davie-Franks—exited the
vehicle, approached Cruz’s parked vehicle, and confronted him through the
driver’s window. Gamble opened the driver’s side backseat door and got into
the backseat while Davie-Franks remained at the driver’s door. Suddenly,
Gamble jumped out of the backseat, and both men started shooting toward
Cruz. Gamble and Davie-Franks then ran away. Surveillance video depicted
Gamble remove a white shirt and red hat and throw the clothing in the alley.
Videos also depict the suspects returning to the alley shortly thereafter in their
vehicle to retrieve the clothing.
[7] Officers located the suspects’ vehicle through license plate readers placed
around the city and determined the registered owner resided on Ellis Drive in
Indianapolis. Officers went to Ellis Drive, located the vehicle, and observed a
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 4 of 35 woman with blonde hair exit the vehicle and enter an apartment building. The
woman then returned to the vehicle and drove away. Officers initiated a stop of
the vehicle and took the driver, Taleiah Gamble, into custody.
[8] Detective Sharp interviewed Taleiah, who identified her brother, Gamble, and
Davie-Franks as the shooters. Officers then placed Gamble into custody at his
home and brought him to the Lawrence Police Department to be interviewed.
Gamble was handcuffed and was not free to leave at that time. Less than thirty
minutes later, Gamble’s mother, Letrice Myles, arrived.
[9] Detective Sharp and Myles joined Gamble in the interview room. Detective
Sharp brought a two-part form (“Form”) with him. The top half of the Form
included an advisement of juvenile rights, including the right to remain silent,
with signature lines for both the juvenile and the parent or guardian. The
bottom half of the Form included a waiver of those rights with additional
signature lines for both the juvenile and the parent or guardian. The Form is
included below:
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 5 of 35 Ex. Vol. I p. 225.
[10] Detective Sharp read the advisement of juvenile rights section of the Form to
Gamble and Myles. Gamble and Myles indicated that they understood the
rights. Detective Sharp advised that he would leave the room to allow them to
confer, and Myles asked, “So we basically talking about if he want to remain
silent or not. If he want to tell you all information or no?” Ex. Vol. II p. 129.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 6 of 35 Detective Sharp responded that Myles was correct and left the room to allow
Myles and Gamble to confer.
[11] Myles and Gamble conferred for approximately fifteen minutes and then
Detective Sharp returned to the interview room. Myles clarified with Detective
Sharp that Gamble was not being waived into adult court by signing the Form.
Myles also asked about viewing the video evidence. Both Myles and Gamble
signed the top half of the Form, and Myles asked to talk with Detective Sharp
in the hallway without Gamble. Myles and Detective Sharp conferred in the
hallway for a few minutes and then returned to the interview room. Detective
Sharp then read the bottom half of the Form dealing with Gamble’s waiver of
his rights to Myles and Gamble, and they discussed the impact of the waiver.
[12] In response to a question from Myles, Detective Sharp stated that Gamble was
not yet under arrest; Detective Sharp also told them that he had proof Gamble
was involved and that they were “trying to get [Gamble’s] side of the story.”
Ex. Vol. II p. 143. Myles told Gamble, “It’s up to you. You don’t want to say
nothing or you want to tell your truth or what?”, and Detective Sharp stated,
“The truth sets you free.” Id. at 146. They also had the following discussion:
[Myles:] If you don’t say nothing then you don’t say nothing. But either way it go, they gonna get the information, the s[**]t they need with or without your help. So you either help them -- maybe that’d be a little lenient toward your charge or whatever.
[Gamble:] I guess.
[Det. Sharp:] I can’t promise --
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 7 of 35 [Myles:] I would think, but you know --
[Det. Sharp:] -- yeah, I can’t promise (unintelligible) but like the truth always sets you free.
[Myles:] Don’t you think it’s more helpful to be, you know, helpful than not to say nothing? Like they come and ask you and you don’t want to say nothing then they come and -- and then you go --
Id. at 148. Myles stated, “[w]e don’t even . . . know why we here. . . . He just
said something about some guns.” Id. at 149. Detective Sharp told them that
information about the incident would “come out during the questioning” and
gave Myles and Gamble more time to talk alone. Id. at 150. Myles and
Gamble then conferred for approximately fifteen minutes.
[13] When Detective Sharp returned, he read the waiver-of-rights portion of the
Form to Gamble and Myles again. Myles told Gamble, “They just really
basically want to know your involvement in the robbery.” Ex. Vol. II p. 6.
Gamble agreed to answer some questions, and both Myles and Gamble signed
the waiver of rights portion of the Form.
[14] Detective Sharp informed Myles and Gamble that he was performing an
investigation regarding a person that was shot. He told them that Taleiah was
at the police station as well. Eventually, Gamble admitted that he approached
Cruz in the gas station’s parking lot and demanded Cruz’s money; Gamble
unlocked Cruz’s vehicle and got into the backseat; Cruz reached for something;
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 8 of 35 Gamble heard a gunshot in the vehicle; and as Gamble ran away, Gamble shot
toward Cruz’s vehicle.
[15] Subsequently, Gamble’s fingerprint was found on the driver’s side rear door
window of Cruz’s vehicle. Cruz died from his wounds two days after the
shooting. An autopsy revealed that he had two gunshot wounds. The first
bullet entered the left side of his nose and exited through his right ear.
Gunpowder stippling indicated that the bullet was fired from a close range,
likely twelve inches or less. The second bullet entered the back of Cruz’s head
on the left side and exited on the right side of his head. The autopsy revealed
no evidence that the second bullet was fired from a close range.
[16] The State charged Gamble with Count I, murder, a felony; Count II, felony
murder; Count III, robbery resulting in serious bodily injury, a Level 2 felony;
Count IV, pointing a firearm, a Level 6 felony; and Count V, carrying a
handgun without a license, a Class A misdemeanor. 2 In Count I, the State
alleged that Gamble “did knowingly kill another human being, to-wit: [Cruz].”
Appellant’s App. Vol. II p. 39. In Count II, the State alleged that Gamble “did
kill another human being, to wit: [Cruz]; while attempting to commit robbery
which is to knowingly take property from another person or the presence of
2 The State also charged Taleiah and Davie-Franks. Davie-Franks pleaded guilty to felony murder and was sentenced to forty-five years in the Department of Correction (“DOC”). Taleiah pleaded guilty to robbery, a Level 2 felony, and was sentenced to thirty years with twenty years executed in the DOC, three years on home detention, and seven years suspended.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 9 of 35 another person by using or threatening the use of force or by putting said other
person in fear.” Id.
[17] In March 2023, Gamble filed a motion to suppress his statement to Detective
Sharp. Gamble argued that he and Myles did not knowingly and voluntarily
waive Gamble’s right to remain silent pursuant to Indiana Code Section 31-32-
5-1(a) because: (1) Myles “was operating on inaccurate and incomplete
information from [Detective] Sharp”; and (2) “Gamble did not knowingly join
the waiver as he did not have sufficient mental and emotional maturity.” Id. at
116. Gamble also argued that newly enacted Indiana Code Section 31-30.5-1-6,
which was scheduled to go into effect on July 1, 2023, and would govern the
admission of juvenile statements made during a custodial interrogation,
prevented the admission of Gamble’s statement.
[18] At the suppression hearing, Detective Sharp, Myles, and Jennifer Middaugh—
one of Gamble’s teachers—testified. Myles testified regarding her private
conversation with Detective Sharp as follows:
Q During this private conversation, did Detective Sharp tell you that this was a homicide investigation? Or maybe he said a person shot investigation.
A I believe I -- I knew that. I think he brung that up before. I don’t know. Something about a video or something. I don’t know.
Q And did he tell you that [Gamble] was a suspect?
A Yeah.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 10 of 35 Tr. Vol. II p. 29.
[19] Middaugh testified that Gamble has an individualized education plan (“IEP”)
because of ADHD and his “verbal processing” and memory are in the “low
range.” Id. at 39. As a seventh grade student, Gamble was reading at a second-
grade level; in high school, Gamble was reading at a fifth or sixth grade level.
Middaugh testified that Gamble was quiet and “very well behaved in class,” but
Gamble was a “follower.” Id. Middaugh testified that Gamble was also doing
regular coursework; he was on track to graduate; and he is “a very bright kid
and very hardworking.” Id. at 38-39.
[20] In May 2023, the trial court issued an order denying Gamble’s motion to
suppress and found that “Gamble and Myles knowingly and voluntarily waived
Gamble’s right to remain silent.” Appellant’s App. Vol. II p. 145. The trial
court concluded that Indiana Code Section 31-30.5-1-6 was “not in effect when
Gamble gave his statement and does not apply to this case.” Id. at 146. The
trial court further concluded that, even if the new statute applied, Detective
Sharp’s statements “make no concrete promise of any penalty or promises of
leniency.” Id.
[21] A jury trial was held in January 2024. Gamble objected to the admission of his
interview with Detective Sharp, and the trial court overruled Gamble’s
objection. The State proposed a final instruction regarding accessory liability.
Gamble argued that the State’s proposed instruction was confusing and that
using the accessory liability instruction would confuse the jury given the felony
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 11 of 35 murder charge. The trial court decided to use the pattern accessory liability
instruction over Gamble’s objection. Final Instruction No. 25, as given by the
trial court, provided:
Aiding, inducing or causing murder is defined by statute as follows:
A person who, knowingly or intentionally aids; induces, or causes another person to commit an offense commits that offense.
Before you may convict the Defendant, the State must have proved each of the following elements beyond a reasonable doubt:
1. The Defendant
2. knowingly or intentionally
3. aided, induced, or caused
4. another person to commit the offense of murder, defined as knowingly or intentionally killing another human being.
If the State failed to prove each of these elements beyond a reasonable doubt, you must find the Defendant not guilty of aiding, inducing, or causing murder, a felony, charged in Count II.
Before you may convict the Defendant of this crime, you must find there is evidence of the Defendant’s affirmative conduct, either in the form of acts or words, from which an inference of a common design or purpose may be reasonably drawn. The
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 12 of 35 Defendant’s conduct must have been voluntary and in concert with the other person.
The Defendant’s mere presence at the scene of the crime, or mere acquiescence in the commission of the crime, is insufficient to convict for aiding, inducing, or causing the crime charged in Count . [sic]
A person may be convicted of aiding, inducing, or causing murder even if the other person has not been prosecuted for the murder, has not been convicted of the murder, or has been acquitted of the murder.
Appellant’s App. Vol. II p. 213. 3 While reading the instructions to the jury, the
trial court noted the error in the second to the last paragraph and said, “this
should be Count II.” Tr. Vol. IV p. 167.
3 Indiana Pattern Jury Instruction—Criminal Instruction No. 2.1600 provides: Aiding, inducing or causing ___________ [name offense] is defined by law as follows: A person who, knowingly or intentionally ___________ [aids] ___________ [induces] ___________ [causes] another person to commit an offense commits that offense. Before you may convict the Defendant, the State must have proved each of the following elements beyond a reasonable doubt: 1. The Defendant 2. ___________ [knowingly] ___________ [intentionally] 3. ___________ [aided] [or] ___________ [induced] [or] ___________ [caused] 4. ___________ [name other person] to commit the offense of ___________ [name offense], defined as ___________ [define elements of offense].
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 13 of 35 [22] During closing arguments, the State argued that Gamble was responsible, in
part, due to accessory liability. Gamble’s counsel argued that bullets from
Gamble’s gun did not strike Cruz and, thus, Gamble was not guilty of murder.
In rebuttal, the State agreed that the first bullet, which struck Cruz’s nose, was
likely shot by Davie-Franks but argued that it was possible the second bullet,
which struck the back of Cruz’s head, was shot by Gamble.
[23] During deliberations, the jury asked, “[I]n regard to final instruction 25[,] do all
points 1, 2, 3, and 4 need to be proven beyond a reasonable doubt to find the
defendant guilty of murder, a felony count II?” Appellant’s App. Vol. II p. 225.
The State argued that Final Instruction 25, as written, made it seem the State
“charged Count II as an aiding, inducing, and causing murder and [it] didn’t.
[The State] charged felony murder, which is completely different.” Tr. Vol. IV
pp. 173-74. The State argued that the accomplice liability instruction applied
If the State failed to prove each of these elements beyond a reasonable doubt, you must find the Defendant not guilty of aiding, inducing, or causing ___________ [name offense], a Level ___________ [specify grade of felony] felony, charged in Count ___________. Before you may convict the Defendant of this crime, you must find there is evidence of the Defendant’s affirmative conduct, either in the form of acts or words, from which an inference of a common design or purpose may be reasonably drawn. The Defendant’s conduct must have been voluntary and in concert with the other person. The Defendant’s mere presence at the scene of the crime, or mere acquiescence in the commission of the crime, is insufficient to convict for aiding, inducing, or causing the crime charged in Count ___________. A person may be convicted of ___________ [aiding] ___________ [inducing] ___________ [causing] ___________ [name offense] even if the other person has not been prosecuted for the ___________ [name offense], has not been convicted of the ___________ [name offense], or has been acquitted of the ___________ [name offense]. Instruction No. 2.1600. Aiding, Inducing or Causing an Offense., Ind. Pattern Crim. Jury Inst. 2.1600. “[W]hile it is “preferred practice” to use pattern jury instructions, we do not require it.” Ramirez v. State, 174 N.E.3d 181, 199 (Ind. 2021).
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 14 of 35 to Counts I and III but not to Count II and that Final Instruction 25 conflicted
with Preliminary Instruction 7, which defined felony murder. Gamble then
renewed his objection to the accessory liability instruction. Both the State and
Gamble agreed that the trial court should instruct the jury to disregard Final
Instruction 25. The trial court then instructed the jury to disregard Final
Instruction 25.
[24] Later, the jury asked whether the accessory liability statute applied to Count I
for murder. The State argued that the trial court should merely tell the jury to
re-read the instructions. Gamble argued that the State charged Count I as
“regular knowing and intentional murder, not aiding, inducing or abetting,”
and accessory liability did not apply to Count I. Id. at 179. Gamble asked the
trial court to instruct the jury to disregard “anything about accomplice
liability.” Id. The trial court instructed the jury to re-read the instructions and
continue to ignore Final Instruction 25.
[25] The jury found Gamble guilty as charged. Due to double jeopardy concerns,
the trial court sentenced Gamble only for the murder and carrying a handgun
without a license convictions. The trial court sentenced Gamble to forty-eight
years for the murder conviction, with forty-five years in the Department of
Correction, two years on home detention, and one year suspended to probation.
The trial court imposed a concurrent one-year sentence for the carrying a
handgun without a license conviction. Gamble now appeals.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 15 of 35 Discussion and Decision I. Gamble’s Statement to Law Enforcement was Admissible.
[26] Gamble challenges the admission of his statement to Detective Sharp. The trial
court has broad discretion to rule on the admissibility of evidence. Taylor v.
State, 223 N.E.3d 260, 264 (Ind. Ct. App. 2023). We review a trial court’s
ruling on the admission of evidence “for abuse of that discretion and reverse
only when admission is clearly against the logic and effect of the facts and
circumstances and the error affects a party’s substantial rights.” Id. When an
appellant’s challenge to such a ruling raises a constitutional issue, it is a
“question of law, and we consider that question de novo.” Id.
[27] Gamble argues that he was subjected to a custodial interrogation and, thus, the
“safeguards of both the Miranda warning against self-incrimination and the
juvenile waiver statute are implicated” by the admission of his statement to
Detective Sharp during his trial. Appellant’s Br. p. 13. The State concedes that
Gamble was subject to a custodial interrogation but argues that Gamble
knowingly and intelligently waived his rights and agreed to the interview with
Detective Sharp.
A. Juvenile Rights and Waiver of Those Rights in Indiana
[28] Our Supreme Court has noted that the Fifth Amendment, the Due Process
Clause of the Fourteenth Amendment, and Article 1, Section 14, of the Indiana
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 16 of 35 Constitution 4 “protect the privilege against self-incrimination and ensure that
only a person’s voluntary statements can be used against that person in a
criminal prosecution.” D.M. v. State, 949 N.E.2d 327, 332-33 (Ind. 2011). The
privilege applies “when law enforcement interrogates a suspect who is in
custody” and also “prohibits the use of compelled statements in juvenile
delinquency proceedings.” Id. at 333. “The Supreme Court of the United
States’s groundbreaking Miranda v. Arizona decision adopted the now-famous
‘Miranda warnings.’ 384 U.S. 436, 444, 86 S. Ct. 1602, 16 L.Ed.2d 694 (1966).”
B.A. v. State, 100 N.E.3d 225, 230 (Ind. 2018). The warnings “apply to suspects
under custodial interrogation, who must be told that they have ‘a right to
remain silent, that any statement [they do] make may be used as evidence
against [them], and that [they have] a right to the presence of an attorney, either
retained or appointed.’” 5 Id. (quoting Miranda, 384 U.S. at 444).
4 Gamble makes no separate argument regarding the Indiana Constitution. 5 Our Supreme Court has held:
A criminal suspect’s right to counsel is a cornerstone of a fair trial, guaranteed by both the Sixth Amendment to the United States Constitution and Article 1, Section 13 of the Indiana State Constitution. These separate provisions extend similar protections—the right to counsel at any critical stage of a criminal proceeding “where counsel’s absence may derogate from the accused’s right to a fair trial.” Caraway v. State, 891 N.E.2d 122, 126 (Ind. Ct. App. 2008). However, the Indiana right provides greater protection because it attaches earlier—upon arrest, rather than only when “formal proceedings have been initiated” as with the federal right. See Taylor v. State, 689 N.E.2d 699, 703-04 (Ind. 1997) (internal quotation marks omitted).
State v. Taylor, 49 N.E.3d 1019, 1024 (Ind. 2016).
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 17 of 35 [29] In 1972, our Supreme Court held that “special caution” must be used in the
context of juvenile confessions and that certain procedural safeguards must be
used in addition to those required by Miranda. D.M., 949 N.E.2d at 333 (citing
in part Lewis v. State, 288 N.E.2d 138, 142 (Ind. 1972)). In response to our
Supreme Court’s holding in Lewis, the General Assembly codified Indiana Code
Section 31-32-5-1, which governs the waiver of rights guaranteed to a juvenile,
and currently provides, in relevant part:
Any rights guaranteed to a child under the Constitution of the United States, the Constitution of the State of Indiana, or any other law may be waived only:
*****
(2) by the child’s custodial parent, guardian, custodian, or guardian ad litem if:
(A) that person knowingly and voluntarily waives the right;
(B) that person has no interest adverse to the child;
(C) meaningful consultation has occurred between that person and the child; and
(D) the child knowingly and voluntarily joins with the waiver[.]
[30] “By permitting a court to find waiver in only these limited circumstances, ‘the
statute affords juveniles with greater rights than the Constitution requires.’”
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 18 of 35 T.D. v. State, 219 N.E.3d 719, 725 (Ind. 2023) (quoting R.R. v. State, 106 N.E.3d
1037, 1043 (Ind. 2018)). “[The statute] allows an unemancipated juvenile to
waive Miranda rights only through counsel or a custodial parent, guardian,
custodian, or guardian ad litem.” B.A., 100 N.E.3d at 231. “If the statute is not
followed, the State cannot use any statements as evidence.” Id.
[31] Our Supreme Court has held that four requirements “must be satisfied before a
juvenile’s statements made during a custodial interrogation can be used in the
State’s case-in-chief.” D.M., 949 N.E.2d at 333-34.
First, both the juvenile and his or her parent must be adequately advised of the juvenile’s rights. Second, the juvenile must be given an opportunity for meaningful consultation with his or her parent. Third, both the juvenile and his or her parent must knowingly, intelligently, and voluntarily waive the juvenile’s rights. Finally, the juvenile’s statements must be voluntary and not the result of coercive police activity.
Id. at 334 (internal footnotes and citations omitted).
[32] “The State bears the burden of proving beyond a reasonable doubt that the
juvenile received all of the protections of Indiana Code section 31-32-5-1, and
that both the juvenile and his or her parent knowingly, intelligently, and
voluntarily waived the juvenile’s rights.” Id. (internal citation omitted). “Thus,
assessing the validity of a juvenile’s waiver requires conducting two separate
voluntariness analyses—the voluntariness of the juvenile’s waiver and the
voluntariness of the parent’s waiver.” Id. at 339.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 19 of 35 B. Voluntariness of the Waiver
[33] “In determining the voluntariness of a Miranda waiver, we examine the totality
of the circumstances surrounding the interrogation to determine whether the
suspect’s choice ‘was the product of a free and deliberate choice rather than
intimidation, coercion, or deception’ and whether the waiver was ‘made with a
full awareness of both the nature of the right[s] being abandoned and the
consequences of the decision to abandon [them].’” Id. (quoting Moran v.
Burbine, 475 U.S. 412, 421 (1986)).
[34] Indiana Code Section 31-32-5-4 provides the following factors to consider in
determining the voluntariness of the juvenile waiver:
In determining whether any waiver of rights during custodial interrogation was made knowingly and voluntarily, the juvenile court shall consider all the circumstances of the waiver, including the following:
(1) The child’s physical, mental, and emotional maturity.
(2) Whether the child or the child’s parent, guardian, custodian, or attorney understood the consequences of the child’s statements.
(3) Whether the child and the child’s parent, guardian, or custodian had been informed of the delinquent act with which the child was charged or of which the child was suspected.
(4) The length of time the child was held in custody before consulting with the child’s parent, guardian, or custodian.
(5) Whether there was any coercion, force, or inducement.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 20 of 35 (6) Whether the child and the child’s parent, guardian, or custodian had been advised of the child’s right to remain silent and to the appointment of counsel.
See also D.M., 949 N.E.2d at 339-40.
[35] The State agrees that Gamble was in custody and that “the procedural
safeguards from Miranda and the statutory safeguards found in Indiana Code
Section 31-32-5-1” apply to Gamble. Appellee’s Br. p. 20 n.3. Gamble does
not argue that he and Myles were denied the opportunity for a meaningful
consultation, that they were not adequately advised of Gamble’s rights, that
they did not understand the consequences of Gamble’s statements, or that
Gamble was held in custody for a long period of time before consulting with
Myles. Rather, Gamble argues that his waiver was involuntary because: (1) as
a result of Gamble’s intellectual disability, he did not understand the
importance of the waiver; (2) Detective Sharp would not tell Myles or Gamble
what he was investigating; and (3) Detective Sharp led Myles and Gamble to
believe that the truth would set Gamble free and that Gamble was not under
arrest. Gamble argues that, under the totality of the circumstances, the waiver
of his right against self-incrimination was not knowing and voluntary. 6
6 Gamble also argues that his statement to Detective Sharp was inadmissible under Indiana Code Section 31- 30.5-1-6. This statute was not in effect at the time of Detective Sharp’s interview with Gamble, although it was effective on July 1, 2023, before the trial. This statute provides that a juvenile’s statement is inadmissible if the law enforcement officer communicates: “(A) materially false information regarding evidence relating to the act; or (B) a materially false statement regarding: (i) the penalty for the act; or (ii) leniency in the imposition of a penalty for the act. Ind. Code § 31-30.5-1-6. Gamble, however, cites no authority that this statute is retroactively applicable to an interview taken prior to its enactment. We agree with the trial court that this statute was not applicable here because it was enacted after the interview occurred.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 21 of 35 Accordingly, we now address the voluntariness factors at issue here to
determine whether both Myles and Gamble executed the waiver voluntarily.
1. Was the Waiver Impacted by Gamble’s Physical, Mental, and Emotional Maturity?
[36] The first factor we must consider is “[t]he child’s physical, mental, and
emotional maturity.” Ind. Code § 31-32-5-4(1). On this factor, the trial court
found: “That it might have taken more time and consultation for Gamble to
fully understand the waiver is likely true, but nothing in Gamble’s interactions
with Detective Sharp point to any confusion or lack of understanding of the
concepts discussed.” Appellant’s App. Vol. II p. 144.
[37] The evidence demonstrated that seventeen-year-old Gamble had an IEP, read
at a fifth or sixth grade level, and struggled with verbal processing. 7 His
teacher, Middaugh, explained that it takes Gamble “a couple of times to
understand what you’ve said to him.” Tr. Vol. II p. 39. According to
Middaugh, however, Gamble was also doing regular coursework; he was on
7 Gamble contends that he has an “intellectual disability.” Appellant’s Br. p. 18. The State notes that the term “intellectual disability” has a precise meaning pursuant to Indiana Code Section 35-36-9-2, which provides: As used in this chapter, “individual with an intellectual disability” means an individual who, before becoming twenty-two (22) years of age, manifests: (1) significantly subaverage intellectual functioning; and (2) substantial impairment of adaptive behavior; that is documented in a court ordered evaluative report. That chapter, however, only “applies when a defendant is charged with a murder for which the state seeks a death sentence under IC 35-50-2-9.” Ind. Code § 35-36-9-1.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 22 of 35 track to graduate; and he is “a very bright kid and very hardworking.” Id. at 38-
39. Although the record indicates that Gamble struggled with reading and
verbal processing, Detective Sharp repeatedly read the Form aloud to Gamble
and Myles, answered their questions, and gave them opportunities to consult
with each other as evidenced in the video recordings of the interview. Myles
also explained the Form to Gamble. The record does not indicate that Gamble
was confused about the Form or unable to understand his rights. This factor
does not support Gamble’s argument that his waiver was involuntary.
2. Were Gamble and Myles Informed of the Alleged Delinquent Act?
[38] The next factor we consider is “[w]hether the child and the child’s parent,
guardian, or custodian had been informed of the delinquent act with which the
child was charged or of which the child was suspected.” Ind. Code § 31-32-5-
4(3). The trial court found that Detective Sharp “informed Myles that he was
investigating a homicide/shooting and that Gamble was a suspect.”
Appellant’s App. Vol. II p. 144. According to Gamble, before Myles and
Gamble signed the waiver, Detective Sharp refused to show Myles or Gamble
videos of the crime or discuss the subject of the investigation. Gamble argues
that they should have been informed that Detective Sharp was questioning
Gamble regarding a “potential murder investigation.” Appellant’s Br. p. 17.
[39] The record shows that, before Myles arrived in the interrogation room, she was
told that law enforcement had video depicting Gamble. Before Myles and
Gamble signed the waiver, Myles had a private conversation with Detective
Sharp. Myles testified at the suppression hearing that she knew Detective Sharp Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 23 of 35 was investigating a shooting or homicide and that Gamble was a suspect. At
the beginning of the third interview, as Gamble was signing the waiver, Myles
told Gamble, “They just really basically want to know your involvement in the
robbery.” Ex. Vol. II p. 6 (emphasis added). Myles later expressed surprise
that someone had been shot. 8 Id. at 9.
[40] The record, thus, indicates that, before signing the waiver, Myles at a minimum
knew that Gamble was being accused of involvement in a robbery and that
video evidence existed. The record, however, does not indicate whether
Gamble was informed that Detective Sharp was investigating a shooting before
Gamble signed the waiver. Accordingly, although the record shows that Myles
was aware of at least one of the delinquent acts being investigated, the record
does not reveal the same about Gamble. This factor, thus, somewhat favors
Gamble.
3. Did Detective Sharp’s Comments Constitute an Inducement to the Waiver?
[41] The final factor we must consider is “[w]hether there was any coercion, force,
or inducement.” Ind. Code § 31-32-5-4(5). On this factor, the trial court found:
No coercion or force was used to get Gamble and Myles to agree to the waiver of his Miranda rights. Myles acknowledges that,
8 The State contends “the record demonstrates that Detective Sharp informed both Myles and Defendant that he was conducting a criminal investigation and that he was investigating a shooting (Tr. Vol. II 20).” Appellee’s Br. p. 26 (emphasis added). This conversation, however, happened after Myles and Gamble signed the waiver, not before.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 24 of 35 while she inferred that Gamble would be released if he gave a statement, no promises were made.
Sharp made at least two statements that could be construed as an inducement. One, Sharp told Gamble and Myles that Gamble was not under arrest. This was clearly not true. Gamble had been taken into custody, placed in handcuffs, and transported to the police station. He was not free to leave. Moreover, Sharp had video evidence and testimony placing Gamble with a gun at the scene of a murder. The only reason to state to Gamble and Myles that Gamble was not under arrest was to leave the impression that his freedom was still an option.
Sharp’s second comment, made repeatedly during the interview, was to tell Gamble: “the truth will set you free.” Sharp made this comment immediately after Myles implored Gamble to tell the truth during the interview. Sharp said he made the statement to encourage Gamble to clear his conscience. Perhaps, but there is a long history of law enforcement officers donning the role of “father confessor” and making appeals to religious beliefs in interviews as a technique to obtain confessions.
Police deception, however, does not automatically render a confession inadmissible. Rather, it is only one factor to consider in the totality of the circumstances. Clark v. State, 808 N.E.[2nd] 1183, 1191 (Ind. 2004). Sharp’s two statements may have encouraged Myles’s feeling that Gamble would be able to go home, but it is not clear from the record that Sharp meant to encourage that impression, nor is it fair to accept Myles’ feelings as reasonable or determinative under the circumstances. The Court’s impression is that Myles, as a thinking being, understood the realities of her son’s situation, including his rights and the effect of a waiver of those rights, but, as a feeling mother, held onto hope that the realities would not come to fruition.
Appellant’s App. Vol. II pp. 144-45 (footnote omitted).
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 25 of 35 [42] According to Gamble, Detective Sharp induced him to waive his rights by
implying that Gamble would be able to go home if he cooperated because
Detective Sharp stated that the “truth would set him free” and that Gamble was
not under arrest. Appellant’s Br. p. 17. The State, however, points out the
following conversation during the second video between Myles and Gamble:
[Myles:] So basically if you don’t want to answer none of his questions, you would just have to get an attorney. He won’t have to -- he won’t ask you nothing. But keep in mind you still going to be in custody until you get a lawyer or probation -- what they call it? Public defender; something like that.
Ex. Vol. II p. 137. This statement evinces Myles’s knowledge that Gamble was
not free to leave after the interview.
[43] Detective Sharp incorrectly stated that Gamble was not under arrest. Although
Detective Sharp stated, “the truth will set you free,” in the context of the
statements, however, we cannot find that such statements amounted to an
inducement to sign the waiver. We agree with the trial court that Detective
Sharp’s statements “make no concrete promise of any penalty or promises of
leniency.” Appellant’s App. Vol. II p. 146. Overall, we conclude that this
factor also somewhat favors Gamble.
4. The Waiver was Knowing and Voluntary Under the Totality of the Circumstances.
[44] Under the totality of the circumstances, we conclude that Myles’ and Gamble’s
waivers were knowing and voluntary. We acknowledge that Gamble was not
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 26 of 35 specifically informed of the subject of the investigation by Detective Sharp and
that Detective Sharp incorrectly stated that Gamble was not under arrest.
These, however, are only two of the factors that we must consider. Detective
Sharp repeatedly explained Gamble’s rights to Myles and Gamble, explained
the waiver, and gave Myles and Gamble opportunities to meaningful private
consultations. Gamble was in custody a short time before he was able to
consult with Myles; Myles was at least aware that Detective Sharp was
investigating a robbery and that he had video evidence; and although Gamble
had difficulty reading and with verbal comprehension, Detective Sharp and
Myles repeatedly explained the waiver to him. Further, no evidence of
coercion or force by Detective Sharp was presented. Our review of the
interrogation videos supports the trial court’s conclusion that both Gamble and
Myles knowingly and voluntarily waived Gamble’s Miranda rights.
C. Any Error in the Admission of the Statement Was Harmless Error.
[45] Even if the trial court abused its discretion by admitting Gamble’s statement
into evidence, we conclude that any error was harmless. “[A]n otherwise valid
conviction should not be set aside if the reviewing court may confidently say,
on the whole record, that the constitutional error was harmless beyond a
reasonable doubt.” Koenig v. State, 933 N.E.2d 1271, 1273 (Ind. 2010). This
harmless error analysis “turns on a number of factors available to the reviewing
court”:
These factors include the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative,
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 27 of 35 the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of cross-examination otherwise permitted and, of course, the overall strength of the prosecution’s case.
Id. (citation omitted).
[46] Gamble first contends that his statement to law enforcement provided the only
evidence of a specific intent to rob Cruz. Although relevant to the felony
murder charge in Count II, the showing of a specific intent to rob Cruz was not
required to convict Gamble of Cruz’s murder in Count I. Compare Ind. Code §
35-42-1-1(1) (“A person who . . . knowingly or intentionally kills another
human being . . . commits murder, a felony.”) with Ind. Code § 35-42-1-1(2)
(“A person who . . . kills another human being while committing or attempting
to commit . . . robbery . . . commits murder, a felony.”). Accordingly, this
argument fails.
[47] Gamble also argues the videos were not clear enough to identify him, leaving
only his fingerprint on Cruz’s vehicle to identify Gamble. The surveillance
videos, however, depicted Gamble and Davie-Franks approach Cruz’s vehicle,
struggle with Cruz, and then shoot their weapons at Cruz. The surveillance
videos then clearly show Gamble and Davie-Franks run away and throw
clothing in the alley. They returned to the alley seconds later in Taleiah’s
vehicle and retrieved the clothing. Taleiah’s vehicle was easily identified and
located by law enforcement, and Taleiah identified Gamble and Davie-Franks
as the shooters. We conclude that, even without Gamble’s statement, the
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 28 of 35 State’s case against Gamble for murder was overwhelming. Any error in the
admission of Gamble’s statement was harmless beyond a reasonable doubt.
II. Fundamental Error Did Not Result From the Withdrawal of the Accessory Liability Final Jury Instruction.
[48] Next, Gamble argues that the trial court committed fundamental error in
instructing the jury. During deliberations, in response to a jury question, the
trial court twice instructed the jury to ignore Final Instruction 25, which
addressed accessory liability. Gamble now argues that this resulted in
fundamental error because Gamble could only be liable through the theory of
accessory liability. Gamble contends, “Unfortunately, in this case by placing
the concept squarely before the jury, from voir dire through closing argument,
and then not providing any instruction regarding accessory liability, the jury
was free to apply the concept outside of the established statutory and caselaw
parameters.” Appellant’s Br. p. 26.
A. Standard of Review
[49] In general, we review the trial court’s manner of instructing the jury for an
abuse of discretion. Ramirez v. State, 174 N.E.3d 181, 195 (Ind. 2021). “If we
find a challenged instruction to be erroneous, we presume that the error affected
the verdict and will reverse the defendant’s conviction unless ‘the verdict would
have been the same under a proper instruction.’” Hardiman v. State, 222 N.E.3d
1049, 1061 (Ind. Ct. App. 2023) (quoting Gammons v. State, 148 N.E.3d 301,
303 (Ind. 2020)), trans. denied. “Instructional error is harmless where a
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 29 of 35 conviction is clearly sustained by the evidence and the jury could not properly
have found otherwise.” Cardosi v. State, 128 N.E.3d 1277, 1288 (Ind. 2019).
[50] “Where, as here, a defendant fails to object to an instruction, he waives
appellate review.” Miller v. State, 188 N.E.3d 871, 874 (Ind. 2022). “But we
may still review the instruction for fundamental error, a narrow exception to
waiver.” Id. An error is fundamental if it made a fair trial impossible or was a
clearly blatant violation of basic and elementary principles of due process that
presented an undeniable and substantial potential for harm. Id. (quotations
omitted).
B. Gamble Invited Any Error.
[51] First, the State contends that Gamble’s argument is barred by the invited error
doctrine. “The invited-error doctrine generally precludes a party from
obtaining appellate relief for his own errors, even if those errors were
fundamental.” Id. at 874-75. “‘[W]hen the failure to object accompanies the
party’s affirmative requests of the court, it becomes a question of invited error.’”
Batchelor v. State, 119 N.E.3d 550, 556 (Ind. 2019) (quoting Durden v. State, 99
N.E.3d 645, 651 (Ind. 2018)).
[52] Although the State initially proposed a final instruction regarding accessory
liability, Gamble objected to giving the instruction in part because giving an
accessory liability instruction would be confusing to the jury. Over Gamble’s
objection, the trial court decided to use the pattern accessory liability
instruction. Later, when the jury asked questions regarding the accessory
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 30 of 35 liability instruction, Gamble renewed his objection to the accessory liability
instruction. Both the State and Gamble then agreed that the trial court should
instruct the jury to disregard Final Instruction 25, and the trial court instructed
the jury to disregard Final Instruction 25.
[53] Gamble, thus, objected to the giving of the instruction and affirmatively agreed
during deliberations that the instruction should be withdrawn. Gamble now
claims the instruction was necessary. We conclude that Gamble invited the
alleged error and is precluded from obtaining appellate relief regarding this
issue. Miller v. State, 188 N.E.3d 871, 875 (Ind. 2022) (holding that, assuming
instruction was fundamental error, the defendant invited the error).
C. The Withdrawal of the Accessory Liability Instruction Did Not Result in Fundamental Error.
[54] Invited error notwithstanding, Gamble has failed to demonstrate that the trial
court committed fundamental error when it withdrew the accessory liability
instruction. Indiana Code Section 34-36-1-6 provides:
If, after the jury retires for deliberation:
(1) there is a disagreement among the jurors as to any part of the testimony; or
(2) the jury desires to be informed as to any point of law arising in the case;
the jury may request the officer to conduct them into court, where the information required shall be given in the presence of,
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 31 of 35 or after notice to, the parties or the attorneys representing the parties.
“When the jury question coincides with an error or legal gap in the final
instructions, a response other than rereading from the body of the final
instructions is permissible.” Lohmiller v. State, 884 N.E.2d 903, 912 (Ind. Ct.
App. 2008).
[55] Here, Instruction 25 provided that it applied to Count II—the felony murder
charge—but quoted the elements for Count I, murder. Further, there was
confusion between the parties, the trial court, and the jury as to whether the
accessory liability principles applied to the felony murder charge.
[56] Indiana Code Section 35-41-2-4 provides: “A person who knowingly or
intentionally aids, induces, or causes another person to commit an offense
commits that offense, even if the other person: (1) has not been prosecuted for
the offense; (2) has not been convicted of the offense; or (3) has been acquitted
of the offense.” In general, “there is no distinction between the criminal
responsibility of a principal and that of an accomplice.” 9 McQueen v. State, 711
N.E.2d 503, 506 (Ind. 1999). One may be charged as a principal yet convicted
as an accomplice. Id. Accordingly, our Supreme Court “has repeatedly held
9 We consider four factors in determining whether a defendant acted as an accomplice: (1) presence at the scene of the crime; (2) companionship with another at the scene of the crime; (3) failure to oppose commission of the crime; and (4) the course of conduct before, during, and after occurrence of the crime. Castillo v. State, 974 N.E.2d 458, 466 (Ind. 2012). “That a defendant was present during the commission of a crime and failed to oppose the crime is not sufficient to convict [him].” Id. Presence at and acquiescence to a crime, along with other facts and circumstances, may be considered though. Id.
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 32 of 35 that where one is charged as a principal it is not error to instruct on the crime of
aiding in the commission of the crime when there is evidence to support such
an instruction.” Id. (emphasis added). “In such an instance, the instruction on
accessory liability does not represent an additional charge or a new theory of
the case.” Id. Even in the context of felony murder, “a person is subject to
conviction for felony murder based on accomplice liability for the underlying
offense.” Dean v. State, 222 N.E.3d 976, 989 (Ind. Ct. App. 2023), trans. denied.
[57] On appeal, Gamble contends that the instruction was required because the
evidence pointed to him as an accomplice, not the person who fired the shots.
During the State’s rebuttal closing argument, the State conceded that Gamble
did not fire the first bullet, which went through the front of Cruz’s face. The
State, however, argued that it was possible Gamble fired the second bullet,
which went through the back of Cruz’s head, making Gamble a principal to the
crime, not an accessory.
[58] We addressed a similar issue in Suggs v. State, 883 N.E.2d 1188 (Ind. Ct. App.
2008). There, we noted that our Supreme Court has held, “‘[w]here the facts in
the case raise a reasonable inference that the crime was carried out with an
accomplice, it is appropriate for the judge to give such an instruction.’” (quoting
Hampton v. State, 719 N.E.2d 803, 807 (Ind. 1999)). It was unclear in Suggs
whether the State was arguing that Suggs was an accomplice rather than a
principal in the crime. On appeal, Suggs argued the trial court committed
fundamental error by failing to instruct the jury regarding accomplice liability.
This Court held, “even assuming that accomplice liability instructions should
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 33 of 35 have been given, . . . the alleged error did not result in fundamental error.” Id.
at 1192. We noted:
Ind. Code § 35-41-2-4, which governs accomplice liability, does not establish it as a separate crime, but merely as a separate basis of liability for the crime charged. [A] defendant may be convicted on evidence of aiding or inducing even though the State charged the defendant as the principal. Moreover, the State can change its theory of the case during the trial. Finally, a defendant is equally guilty whether he acted as the principal or merely an accomplice, and while jury unanimity is required as to the defendant’s guilt, it is not required as to the theory of the defendant’s culpability. Given this law, we cannot conclude that Suggs was denied fundamental due process even assuming that the State argued accomplice liability to the jury but no instruction was given.
Id. (internal citations and quotation marks omitted). Moreover, we concluded
that Suggs could not “establish substantial harm or substantial potential for
harm due to the lack of accomplice liability instructions because the evidence
was sufficient to convict him as a principal.” Id.
[59] As in Suggs, we cannot conclude that Gamble was subjected to fundamental
error by the failure of the trial court to give an accessory liability instruction.
Gamble argues that Suggs is distinguishable because the instruction here was
initially given and then withdrawn. We, however, presume that jurors follow
the trial court’s instructions. Weisheit v. State, 109 N.E.3d 978, 989 (Ind. 2018).
Accordingly, we presume that the jurors ignored the accessory liability
instruction as instructed. Moreover, while the errors in the instruction were
unfortunate and resulted in some confusion, jury unanimity regarding whether Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 34 of 35 Gamble was a principal or an accessory was not required. Suggs, 883 N.E.2d at
1192. Under these circumstances, Gamble has failed to demonstrate
fundamental error by the withdrawal of the accessory liability instruction.
Conclusion [60] The trial court did not abuse its discretion by admitting Gamble’s statement to
law enforcement and, even if the trial court abused its discretion, any error was
harmless. Regarding the jury instructions, Gamble invited the error and,
invited error notwithstanding, Gamble has failed to demonstrate fundamental
error. Accordingly, we affirm.
[61] Affirmed.
Altice, C.J., and Felix, J., concur.
ATTORNEYS FOR APPELLANT Talisha R. Griffin Marion County Public Defender Agency Indianapolis, Indiana
Jan B. Berg Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General of Indiana
Courtney Staton Deputy Attorney General Indianapolis, Indiana
Court of Appeals of Indiana | Opinion 24A-CR-1115 | March 27, 2025 Page 35 of 35