Thomas Reichler v. State of Indiana (mem. dec.)
64A05-1611-CR-2626
Ind. Ct. App.Oct 31, 2017Background
- In the early morning of Dec. 12, 2014, Thomas Reichler and two companions were prowling a Portage neighborhood to steal from unlocked cars; Reichler had a recently stolen handgun and earlier boasted he could kill anyone.
- The group returned to the Tapia residence; homeowners Alexius and Krystal confronted them after reviewing surveillance footage. Alexius went outside armed to investigate and grabbed Reichler by the collar to detain him until police arrived.
- Surveillance shows Reichler drew a handgun, shot once at the back of Alexius’ head (missed), then fired again, hitting Alexius in the abdomen. Alexius returned fire; Reichler fled. Alexius later died from internal bleeding.
- Reichler admitted aiming at Alexius’ head and told an accomplice he aimed for the head; he initially gave a false story to police and later said he fired because he was scared and wanted to get away.
- Reichler was charged with murder and related theft counts; he requested jury instructions on voluntary manslaughter, involuntary manslaughter, and reckless homicide as lesser included offenses. The trial court gave voluntary manslaughter but refused reckless homicide and involuntary manslaughter. Jury convicted Reichler of murder; he appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to instruct the jury on reckless homicide as a lesser included offense of murder | State: No—evidence shows Reichler acted knowingly/intentionally, not recklessly, so no instruction required | Reichler: Pulling the gun and firing supports a reckless culpability instruction (lesser offense) | Court affirmed: no substantial evidentiary dispute; facts support knowing/intentional killing, so refusal to instruct on reckless homicide was not error |
Key Cases Cited
- Leonard v. State, 80 N.E.3d 878 (Ind. 2017) (three-part test for lesser included-offense instructions and analysis of inherent/factual inclusion)
- Griffin v. State, 963 N.E.2d 685 (Ind. Ct. App. 2012) (application of lesser-included offense instruction standards)
- Brown v. State, 703 N.E.2d 1010 (Ind. 1998) (de novo review where trial court makes no finding on evidentiary dispute)
- Pinkston v. State, 821 N.E.2d 830 (Ind. Ct. App. 2004) (refusal to give reckless-homicide instruction proper where close-range, multiple shots show knowing/intentional conduct)