224 N.E.3d 321
Ind. Ct. App.2023Background
- In the early morning of Oct. 3, 2021, Raymond Waymire approached a car after a near-collision; he leaned into the backseat and struck Zachary Hileman through an open window. Hileman then retrieved a handgun from the backseat and shot Waymire, who died at the scene. The encounter lasted about six seconds.
- Hileman turned himself in within 24 hours; before and after his surrender he sent Facebook messages referencing drug dealing and urging witnesses to claim self-defense or omit certain details.
- The State charged Hileman with murder and carrying a handgun without a license. At trial the State introduced a photo of the handgun and money plus some Facebook messages; other drug-related messages were partially excluded but additional messages were admitted after Hileman testified and acknowledged selling marijuana that night.
- Defense theory emphasized prior victimization and self-protection; defense sought jury instructions on voluntary manslaughter, reckless homicide, and criminal recklessness with a deadly weapon as lesser-included offenses.
- The trial court denied all three proffered lesser-included instructions; the jury convicted Hileman of murder and unlawful carrying, and the court imposed concurrent sentences (50 years and 1 year).
- On appeal Hileman challenged (1) the denial of the lesser-included instructions and (2) admission of evidence about his marijuana sales.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntary manslaughter (sudden heat) | No appreciable evidence of sudden heat; denial proper | Punch and humiliation produced sudden heat justifying instruction | Denial affirmed — record shows time for cool reflection; reaching for gun indicates deliberation |
| Reckless homicide & criminal recklessness (mens rea) | Conduct indicated knowing/intentional killing; no evidence of recklessness | Jury could find reckless (intended to scare, not kill) | Denial affirmed — evidence supports knowing/intentional mens rea; no facts like unloaded gun or playing with firearm to support recklessness |
| Admissibility of marijuana-selling evidence | Evidence was relevant to state of mind and defense opened the door; admission proper | Repetitive, prejudicial character evidence in violation of Rules 403/404(b) | Review waived — appellant failed to develop cogent appellate argument and cite record; trial court admitted some messages within discretion |
Key Cases Cited
- Wright v. State, 658 N.E.2d 563 (Ind. 1995) (three-part test for lesser-included-offense instructions)
- Webb v. State, 963 N.E.2d 1103 (Ind. 2012) (reversal where evidence raised serious dispute over knowing vs. reckless mens rea)
- Roark v. State, 573 N.E.2d 881 (Ind. 1991) (any appreciable evidence of sudden heat requires manslaughter instruction)
- Suprenant v. State, 925 N.E.2d 1280 (Ind. Ct. App. 2010) (definition of sudden heat and limits of provocation by words)
- Santana v. State, 688 N.E.2d 1275 (Ind. Ct. App. 1997) (retrieval of a weapon indicates capacity for deliberation)
- Carmack v. State, 200 N.E.3d 452 (Ind. 2023) (premeditation can be instantaneous; successive thoughts may suffice)
- Heavrin v. State, 675 N.E.2d 1075 (Ind. 1996) (reckless homicide is inherently included in murder because mens rea differs)
- Fisher v. State, 810 N.E.2d 674 (Ind. 2004) (reckless-homicide instruction warranted where evidence suggested playing with a gun)
- Lawson v. State, 199 N.E.3d 829 (Ind. Ct. App. 2022) (standards for reviewing jury instructions)
- Keister v. State, 203 N.E.3d 548 (Ind. Ct. App. 2023) (harmless-error standard for instructional errors)