222 N.E.3d 321
Ind. Ct. App.2023Background
- Gang feud between Davo (Insane Money Gang subgroup) and Kutthroat Gang led to escalating social-media taunts and threats after Davo member David Lowery’s death.
- On Dec. 15, 2020, a black car drove by a parked vehicle in Brownsburg and fired multiple shots; Freddie “Duce” Hegwood was killed and Victor “VJ” Griffin was present and unharmed; Griffin reported four men in the black car.
- Investigation connected Tyreontay Jackson, Antonio Lane, Kamarion Moody, and Jeremy Perez to Davo via social-media posts, videos, cell-location data, a lighter with DNA from Jackson found in the black car, and a video showing Jackson holding an AR-15 earlier on Dec. 15.
- Jackson communicated with Hegwood and others before the shooting, was asked “U still tryn Shoot?” the day before, traveled with Davo members, and left for California shortly after the shooting.
- Jackson was charged with murder, Level 1 attempted murder, two counts of Level 5 criminal recklessness, and a criminal-organization enhancement; a jury convicted him and found the enhancement, and he appealed, challenging hearsay rulings and sufficiency of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Hegwood–Scruggs Instagram messages (threats) | Not hearsay—threats are verbal acts offered to show they were made and their effect on defendant, not their truth | Messages are hearsay and inadmissible | Admitted: court held threats are non-assertive verbal acts, not hearsay, properly admitted to show effect on Jackson and explain conduct |
| Admissibility of co‑conspirator texts (Lane–Hegwood; Irvin–Perez; Moody–mother) under Evid. R. 801(d)(2)(E) | Texts were statements during and in furtherance of a conspiracy; sufficient independent evidence tied speakers to conspiracy | State failed to independently prove an agreement between Jackson and declarants; admission flooded hearsay | Admitted: court found sufficient circumstantial evidence of a conspiracy and that texts were during and in furtherance; some Irvin text treated as non‑hearsay command; any error harmless |
| Admissibility of Moody’s rap (written and performed) as co‑conspirator statement | Rap reflected group conduct and culpability, admissible as co‑conspirator statement | Rap was not made in furtherance of a conspiracy (not shared, boast/past narrative), so hearsay | Should not have been admitted under Rule 801(d)(2)(E) because it was idle boasting/narrative and not in furtherance; admission was harmless because it did not implicate Jackson |
| Sufficiency of evidence for accomplice murder and aiding attempted murder | Evidence (social ties, texts, cell data, DNA, video of weapon, presence with co‑actors, travel after shooting) supports accomplice liability and specific intent for attempted murder | Evidence shows mere presence and association, insufficient to prove Jackson aided or intended killings | Affirmed: reasonable inferences show Jackson knowingly aided the crimes; accomplice factors and evidence support convictions for murder and attempted murder (specific‑intent inference from firing toward occupants) |
Key Cases Cited
- McCoy v. State, 193 N.E.3d 387 (Ind. 2022) (abuse‑of‑discretion standard for evidentiary rulings)
- Craig v. State, 630 N.E.2d 207 (Ind. 1994) (statements not hearsay when not assertions of fact)
- Indianapolis Newspapers, Inc. v. Fields, 259 N.E.2d 651 (Ind. 1970) (admitting statements to prove utterance, not truth, is not hearsay)
- Barber v. State, 715 N.E.2d 848 (Ind. 1999) (independent evidence required to invoke co‑conspirator exception)
- Wright v. State, 690 N.E.2d 1098 (Ind. 1997) (framework for admitting co‑conspirator statements)
- Leslie v. State, 670 N.E.2d 898 (Ind. Ct. App. 1996) (defining when statements are "in furtherance" of a conspiracy)
- Henley v. State, 881 N.E.2d 639 (Ind. 2008) (attempted murder requires specific intent to kill)
- Bethel v. State, 730 N.E.2d 1242 (Ind. 2000) (elements for aiding attempted murder)