Deangelo Evans v. State of Indiana
85 N.E.3d 632
| Ind. Ct. App. | 2017Background
- On Feb. 21, 2016, Evans drove erratically on I-69 after consuming alcohol, marijuana, and alprazolam; witnesses observed dangerous driving before he veered into the median at ~70 mph.
- Evans’ vehicle struck a disabled van and four students standing in the median; three students (Hailu, Dagnew, Mangai) were killed in violent, dismembering injuries and one (Timire) was seriously injured.
- Evans initially continued driving, only stopping after feeling wind from a broken windshield; later he minimized responsibility and denied seeing hazard lights. Blood alcohol content measured 0.119; he tested positive for other substances.
- Charged with multiple counts including three Level 4 OMVWI causing death, three Level 5 reckless homicide (merged), one Level 6 OMVWI causing serious bodily injury, and one Level 6 criminal recklessness; he pled guilty to the counts at issue.
- At sentencing, the court found Evans had an extensive criminal history, daily substance use, no legitimate employment, prior parole violations (he was in Indiana in violation of Illinois parole), and a high risk of reoffending.
- The trial court imposed consecutive terms: 11.5 years on each Level 4 count and 2 years on each Level 6 count, totaling 38.5 years (below the 41-year statutory maximum).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Evans’ aggregate 38.5-year sentence is inappropriate under Ind. Appellate Rule 7(B) | State argues sentence is appropriate given the extreme facts (violent, high-speed collision killing three students) and Evans’ poor character/criminal history | Evans contends the aggregate sentence is excessive and inappropriate in light of nature of offenses and his character | Court affirmed: sentence not inappropriate given nature of offense and offender’s character |
Key Cases Cited
- Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (defendant bears burden to show sentence inappropriate under Rule 7(B))
- Cardwell v. State, 895 N.E.2d 1219 (Ind. 2008) (appellate deference to trial court sentencing discretion; factors for appropriateness review)
- Stephenson v. State, 29 N.E.3d 111 (Ind. 2015) (compelling evidence required to overcome deference to trial court; examples of positive indicators)
- Jenkins v. State, 909 N.E.2d 1080 (Ind. Ct. App. 2009) (prior contacts with law that fail to rehabilitate support significant sentence)