Charlene Renier v. State of Indiana (mem. dec.)
09A05-1607-CR-1709
| Ind. Ct. App. | Mar 15, 2017Background
- On May 19, 2015, Walmart asset-protection surveillance and employees observed Charlene Renier with Kenny Purvis and Adam Wakefield in the electronics aisle; Wakefield’s cart contained $453 in merchandise and a newly released Witcher 3 game; a search of Purvis’ red truck yielded eight additional copies traced to that Walmart.
- Surveillance shows Renier placing video games into Wakefield’s shopping cart that day; law enforcement detained the three and charged them after confirming the games were from the store.
- Earlier incidents at the same Walmart (May 9 and May 15, 2015) involved Purvis and Wakefield stealing video games and empty keeper boxes discovered near electronics; Renier was not in the store on May 9.
- Investigators found Purvis and Renier were living together; Purvis posted unopened video games for sale in a Facebook group of which Renier was a member.
- The State charged Renier with corrupt business influence (RICO, Level 5), conspiracy to commit theft (Level 6), and attempted theft (Level 6); a jury convicted her on corrupt business influence and conspiracy to commit theft; the trial court entered judgment on the first two counts and suspended an aggregate 4-year sentence to probation.
- On appeal the court considered whether the State presented sufficient evidence that Renier participated in a “pattern of racketeering activity” required for corrupt business influence under Indiana’s RICO statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved Renier engaged in a “pattern of racketeering activity” under Indiana RICO | The State argued evidence of multiple related thefts (May 9 and 15 thefts by Purvis/Wakefield, joint residence, Facebook sales, and eight games in the truck) plus Renier’s May 19 conduct established at least two racketeering incidents and thus a pattern | Renier argued the State proved only the May 19 incident; there was no evidence she knew of or participated in other thefts, so no proven pattern | Reversed: evidence sufficient for one racketeering incident (May 19) but insufficient to prove a second related incident or that Renier knowingly participated in a pattern; corrupt business influence conviction vacated |
Key Cases Cited
- Drane v. State, 867 N.E.2d 144 (Ind. 2007) (standard for sufficiency review focusing on probative evidence and reasonable inferences)
- McHenry v. State, 820 N.E.2d 124 (Ind. 2005) (appellate deference to jury on credibility and conflicting evidence)
- Robinson v. State, 56 N.E.3d 652 (Ind. Ct. App. 2016) (discussing limits of RICO for ordinary shoplifting and insufficiency of evidence to establish a pattern of racketeering activity)