MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Oct 11 2019, 10:48 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Rory Gallagher Curtis T. Hill, Jr. Marion County Public Defender Attorney General Indianapolis, Indiana Samuel J. Dayton Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Rasean Collins, October 11, 2019 Appellant-Defendant, Court of Appeals Case No. 19A-CR-883 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Mark D. Stoner, Appellee-Plaintiff Judge Trial Court Cause No. 49G06-1706-F1-21819
Baker, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 1 of 7 [1] Rasean Collins appeals the sentence imposed by the trial court after Collins was
convicted of Level 3 felony aggravated battery and Level 6 felony pointing a
firearm. Collins argues that the sentence is inappropriate in light of the nature
of the offenses and his character. We affirm.
Facts [2] On June 10, 2019, then-seventeen-year-old Collins, Logan Jones, and Courtney
McClellan were inside the home shared by Daniel Cook and McClellan. Cook
secured his two children in the back seat of his car and yelled to McClellan to
let her know he was leaving, but she did not respond. He picked up a can of
spray paint and threw it towards the open door and into the kitchen to try to get
her attention. The paint can bounced off a wall and hit Jones’s foot or leg, and
Jones said, “That just hit me.” Tr. Vol. II p. 82. Cook said, “Do you want to
do something about it,” and Jones replied that he did not. Id. at 82-83. Cook
told Jones, “I’m going to beat your ass.” Id. at 116. Collins then said, “That
just hit my friend,” and began arguing with Cook. Id. at 83. Collins stepped
out of the house and into the garage.
[3] Cook took a step towards Collins, who drew a gun and pointed it at Cook’s
face, saying that he was going to kill Cook. Cook’s children were still in the car
just behind where Cook was standing. Cook grabbed the barrel of the revolver
and pushed it away, telling Collins to “fight me like a man, bitch.” Id. at 62,
118. Collins walked back into the house and Jones attempted to calm him
down. Collins encountered one of McClellan’s sisters, who was fourteen years
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 2 of 7 old, and her thirteen-year-old friend, who asked Collins why he had a gun. He
drew his gun and pointed it at their stomachs. He encountered another of
McClellan’s sisters in the living room, who told Collins not to hurt Cook, and
Collins pushed her out of his way.
[4] Collins went back outside and continued to argue with Cook, who punched the
hood of his car and again taunted Collins to “[f]ight me like a man, bitch.” Id.
at 62, 64, 70. Collins drew his firearm again, pointing it at several other people
who had come outside from Cook’s house, at the children in the car, and then
at Cook’s head. Cook walked toward Collins, closing the gap between them
until the barrel of the gun was against his chest, still taunting Collins to “Fight
me like a man[.]” Id. at 63. Collins told Cook, “I’m going to kill you, bitch,”
and Cook tried to push the gun away again. Id. at 25. This time, Collins fired
the gun at “point blank range,” striking Cook in the chest. Id. at 26. As a result
of his injuries, Cook is paralyzed from the waist down.
[5] On June 12, 2017, the State charged Collins as an adult with Level 1 felony
attempted murder, two counts of Level 6 felony pointing a firearm, and Level 6
felony carrying a firearm without a license. Following a February 22, 2019,
bench trial, the trial court acquitted Collins of attempted murder but found him
guilty of the lesser-included offense of Level 3 felony aggravated battery. It also
found him guilty of one count of Level 6 felony pointing a firearm. It found
that the other charged offenses merged with the convictions and did not enter a
judgment of conviction on those counts.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 3 of 7 [6] Collins’s sentencing hearing took place on March 22, 2019. The trial court
found the following mitigating circumstances: Collins had a learning disability
and was relatively uneducated as he had not completed high school; Collins
had a history of mental health issues; and Cook initiated the altercation. It also
found the following aggravating factors: (1) the State presented more evidence
than was necessary to prove aggravated battery; (2) children were present when
Collins committed the offenses; (3) Collins was arrested for two separate
offenses while on pretrial release for this case, one of which involved a gun; and
(4) significant harm was done to the community in the hospitalization of and
damage done to the victim. The trial court also observed that it was difficult to
understand why Collins shot Cook over “something that started as
ridiculous[ly] as this did,” and that Collins continued to participate in the
altercation even though people were “begging [him] to stand down[.]” Id. at
168.
[7] The trial court sentenced Collins to concurrent terms of 14 years imprisonment,
with four years suspended to probation, for aggravated battery, and 910 days for
pointing a firearm. The trial court also ordered that Collins is to receive mental
health counseling while in the Department of Correction. Collins now appeals.
Discussion and Decision [8] Collins’s sole argument on appeal is that the sentence is inappropriate in light of
the nature of the offenses and his character pursuant to Indiana Appellate Rule
7(B). We must “conduct [this] review with substantial deference and give ‘due
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 4 of 7 consideration’ to the trial court’s decision—since the ‘principal role of [our]
review is to attempt to leaven the outliers,’ and not to achieve a perceived
‘correct’ sentence . . . .” Knapp v. State, 9 N.E.3d 1274, 1292 (Ind. 2014)
(quoting Chambers v. State, 989 N.E.2d 1257, 1259 (Ind. 2013)) (internal
citations omitted).
[9] For the Level 3 felony conviction, Collins faced a term of three to sixteen years
imprisonment, with an advisory sentence of nine years. Ind. Code § 35-50-2-
5(b). The trial court imposed a fourteen-year sentence but suspended four of
those years, for an executed term of ten years imprisonment. For the Level 6
felony conviction, Collins faced a term of six months to two and one-half years
imprisonment, with an advisory term of one year. I.C. § 35-50-2-7(b). The trial
court imposed the maximum term, to be served concurrently with the other
sentence.
[10] With respect to the nature of the offenses, while Cook instigated and continued
the argument, Collins dramatically ratcheted up the seriousness of the incident
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MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Oct 11 2019, 10:48 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Rory Gallagher Curtis T. Hill, Jr. Marion County Public Defender Attorney General Indianapolis, Indiana Samuel J. Dayton Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Rasean Collins, October 11, 2019 Appellant-Defendant, Court of Appeals Case No. 19A-CR-883 v. Appeal from the Marion Superior Court State of Indiana, The Honorable Mark D. Stoner, Appellee-Plaintiff Judge Trial Court Cause No. 49G06-1706-F1-21819
Baker, Judge.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 1 of 7 [1] Rasean Collins appeals the sentence imposed by the trial court after Collins was
convicted of Level 3 felony aggravated battery and Level 6 felony pointing a
firearm. Collins argues that the sentence is inappropriate in light of the nature
of the offenses and his character. We affirm.
Facts [2] On June 10, 2019, then-seventeen-year-old Collins, Logan Jones, and Courtney
McClellan were inside the home shared by Daniel Cook and McClellan. Cook
secured his two children in the back seat of his car and yelled to McClellan to
let her know he was leaving, but she did not respond. He picked up a can of
spray paint and threw it towards the open door and into the kitchen to try to get
her attention. The paint can bounced off a wall and hit Jones’s foot or leg, and
Jones said, “That just hit me.” Tr. Vol. II p. 82. Cook said, “Do you want to
do something about it,” and Jones replied that he did not. Id. at 82-83. Cook
told Jones, “I’m going to beat your ass.” Id. at 116. Collins then said, “That
just hit my friend,” and began arguing with Cook. Id. at 83. Collins stepped
out of the house and into the garage.
[3] Cook took a step towards Collins, who drew a gun and pointed it at Cook’s
face, saying that he was going to kill Cook. Cook’s children were still in the car
just behind where Cook was standing. Cook grabbed the barrel of the revolver
and pushed it away, telling Collins to “fight me like a man, bitch.” Id. at 62,
118. Collins walked back into the house and Jones attempted to calm him
down. Collins encountered one of McClellan’s sisters, who was fourteen years
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 2 of 7 old, and her thirteen-year-old friend, who asked Collins why he had a gun. He
drew his gun and pointed it at their stomachs. He encountered another of
McClellan’s sisters in the living room, who told Collins not to hurt Cook, and
Collins pushed her out of his way.
[4] Collins went back outside and continued to argue with Cook, who punched the
hood of his car and again taunted Collins to “[f]ight me like a man, bitch.” Id.
at 62, 64, 70. Collins drew his firearm again, pointing it at several other people
who had come outside from Cook’s house, at the children in the car, and then
at Cook’s head. Cook walked toward Collins, closing the gap between them
until the barrel of the gun was against his chest, still taunting Collins to “Fight
me like a man[.]” Id. at 63. Collins told Cook, “I’m going to kill you, bitch,”
and Cook tried to push the gun away again. Id. at 25. This time, Collins fired
the gun at “point blank range,” striking Cook in the chest. Id. at 26. As a result
of his injuries, Cook is paralyzed from the waist down.
[5] On June 12, 2017, the State charged Collins as an adult with Level 1 felony
attempted murder, two counts of Level 6 felony pointing a firearm, and Level 6
felony carrying a firearm without a license. Following a February 22, 2019,
bench trial, the trial court acquitted Collins of attempted murder but found him
guilty of the lesser-included offense of Level 3 felony aggravated battery. It also
found him guilty of one count of Level 6 felony pointing a firearm. It found
that the other charged offenses merged with the convictions and did not enter a
judgment of conviction on those counts.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 3 of 7 [6] Collins’s sentencing hearing took place on March 22, 2019. The trial court
found the following mitigating circumstances: Collins had a learning disability
and was relatively uneducated as he had not completed high school; Collins
had a history of mental health issues; and Cook initiated the altercation. It also
found the following aggravating factors: (1) the State presented more evidence
than was necessary to prove aggravated battery; (2) children were present when
Collins committed the offenses; (3) Collins was arrested for two separate
offenses while on pretrial release for this case, one of which involved a gun; and
(4) significant harm was done to the community in the hospitalization of and
damage done to the victim. The trial court also observed that it was difficult to
understand why Collins shot Cook over “something that started as
ridiculous[ly] as this did,” and that Collins continued to participate in the
altercation even though people were “begging [him] to stand down[.]” Id. at
168.
[7] The trial court sentenced Collins to concurrent terms of 14 years imprisonment,
with four years suspended to probation, for aggravated battery, and 910 days for
pointing a firearm. The trial court also ordered that Collins is to receive mental
health counseling while in the Department of Correction. Collins now appeals.
Discussion and Decision [8] Collins’s sole argument on appeal is that the sentence is inappropriate in light of
the nature of the offenses and his character pursuant to Indiana Appellate Rule
7(B). We must “conduct [this] review with substantial deference and give ‘due
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 4 of 7 consideration’ to the trial court’s decision—since the ‘principal role of [our]
review is to attempt to leaven the outliers,’ and not to achieve a perceived
‘correct’ sentence . . . .” Knapp v. State, 9 N.E.3d 1274, 1292 (Ind. 2014)
(quoting Chambers v. State, 989 N.E.2d 1257, 1259 (Ind. 2013)) (internal
citations omitted).
[9] For the Level 3 felony conviction, Collins faced a term of three to sixteen years
imprisonment, with an advisory sentence of nine years. Ind. Code § 35-50-2-
5(b). The trial court imposed a fourteen-year sentence but suspended four of
those years, for an executed term of ten years imprisonment. For the Level 6
felony conviction, Collins faced a term of six months to two and one-half years
imprisonment, with an advisory term of one year. I.C. § 35-50-2-7(b). The trial
court imposed the maximum term, to be served concurrently with the other
sentence.
[10] With respect to the nature of the offenses, while Cook instigated and continued
the argument, Collins dramatically ratcheted up the seriousness of the incident
by brandishing and pointing a firearm (at Cook and others, including minors).
Collins did so in the presence of children, even going so far as to point the
weapon at two teenagers and pushing a third out of his way when she begged
him not to shoot Cook. When Collins finally shot Cook (with a gun Collins
had no right to possess in the first place), he did so at point-blank range, leaving
Cook paralyzed from the waist down and forever altering the course of that
family’s life.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 5 of 7 [11] With respect to Collins’s character, we acknowledge, as did the trial court, that
he is young, did not finish high school, and has been diagnosed with post
traumatic stress disorder. Collins had a tumultuous and unstable childhood,
with a mother who was frequently incarcerated and a father who was not
present in his life. The trial court took these circumstances into consideration
when it suspended a portion of Collins’s sentence and ordered that he receive
mental health treatment while incarcerated.
[12] Even at a young age, Collins has a substantial juvenile record. He was first
arrested at the age of eleven, and there are four delinquency proceedings with
sealed records noted in the presentence investigation report. In 2015, Collins
was adjudged delinquent for auto theft. Following that adjudication, Collins
did not fully comply with the terms of his disposition, committing multiple
probation violations. As part of his disposition, Collins was regularly drug
tested; he tested positive for marijuana eighteen out of twenty-one times. While
the instant charges were pending, Collins was charged with two new offenses,
one of which involved a gun.
[13] Although Collins is a young man who has had a troubled life, he has not shown
a willingness to reform his behavior. If anything, it seems that his criminal
activity is increasing in frequency and severity. Therefore, we do not find the
sentence imposed by the trial court to be inappropriate in light of the nature of
the offenses and Collins’s character.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 6 of 7 [14] The judgment of the trial court is affirmed.
Kirsch, J., and Crone, J., concur.
Court of Appeals of Indiana | Memorandum Decision 19A-CR-883 | October 11, 2019 Page 7 of 7