Donnell D. Wilson v. State of Indiana
2015 Ind. App. LEXIS 378
| Ind. Ct. App. | 2015Background
- On March 17, 2013, Donnell D. Wilson and co-defendant Jonte Crawford shot and killed two rival gang members; Wilson was alleged to have been carrying a .357/.38 revolver.
- Wilson posted on Twitter (account identified as @Nell_FearNoMan) gang-related messages and photos showing him with guns; the State sought to introduce those tweets at trial.
- The State charged Wilson with two counts of murder, Class B felony armed robbery, and later added Class D felony conspiracy to commit criminal gang activity; the State also sought criminal-gang sentencing enhancements.
- A jury convicted Wilson on the charged counts and found the criminal-gang enhancements applicable to the murder and robbery convictions.
- Immediately after closing arguments for the enhancement phase, Wilson had a physical/profane outburst in court, was escorted out, and excluded from the remainder of the enhancement-phase proceedings.
- The trial court imposed an aggregate sentence (including gang enhancements); on appeal Wilson challenged authentication of the tweets, the compatibility of the conspiracy conviction with the gang enhancements, and his exclusion from the enhancement-phase proceeding.
Issues
| Issue | State's Argument | Wilson's Argument | Held |
|---|---|---|---|
| Admissibility/authentication of Twitter posts | Pecolla identified the account as Wilson’s and posts contained distinctive content (photos, gang references) corroborating authorship | Tweets lacked sufficient foundation linking account to Wilson | Tweets were properly authenticated by witness ID plus distinctive content; admission affirmed |
| Double jeopardy/conflict between conspiracy conviction and gang enhancement | State conceded enhancement statute excludes application where defendant is convicted under the conspiracy statute | Conviction and enhancement cannot both stand; violates Article I, §14 | Conspiracy conviction vacated; enhancements and other convictions remain |
| Exclusion from enhancement-phase of trial | Court argued Wilson’s physical struggle with bailiffs and continued contumacious conduct waived his right to be present | Wilson argued he was removed without prior warning and had only a single outburst | Exclusion was within trial court’s discretion; removal amounted to waiver of right to be present |
| Sentencing aggregate calculation after vacatur | State: vacate lesser offense and leave enhanced sentence intact | Wilson: sought relief from enhancements tied to vacated conspiracy | Court remanded to vacate conspiracy conviction and order remaining enhanced aggregate sentence imposed |
Key Cases Cited
- Kindred v. State, 973 N.E.2d 1245 (Ind. Ct. App.) (abuse-of-discretion standard for evidentiary rulings)
- Pavlovich v. State, 6 N.E.3d 969 (Ind. Ct. App.) (circumstantial evidence can authenticate electronic communications)
- Fry v. State, 885 N.E.2d 742 (Ind. Ct. App.) (absolute proof of authenticity not required)
- Hape v. State, 903 N.E.2d 977 (Ind. Ct. App.) (electronic records are subject to Rule 901 authentication)
- Richardson v. State, 717 N.E.2d 32 (Ind.) (vacate the conviction with lesser penal consequences when double jeopardy conflict exists)
- Illinois v. Allen, 397 U.S. 337 (U.S. 1970) (defendant may forfeit right to be present by disruptive conduct)
- Campbell v. State, 732 N.E.2d 197 (Ind. Ct. App.) (defendant’s right to be present may be waived by misconduct)