These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).
APPEAL FROM THE STEUBEN SUPERIOR COURT. The Honorable William C. Fee, Judge. Cause No. 76D01-1206-MR-1.
ATTORNEY FOR APPELLANT: HUGH N. TAYLOR, Hugh N. Taylor, P.C., Auburn, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; CHANDRA K. HEIN, Deputy Attorney General, Indianapolis, Indiana.
BROWN, Judge. ROBB, J., and BARNES, J., concur.
MEMORANDUM DECISION - NOT FOR PUBLICATION
Zao Burrell appeals his sentence for murder, attempted murder as a class A felony, and carrying a handgun without a license as a class A misdemeanor. Burrell raises one issue, which we revise and restate as whether his sentence is inappropriate in light of the nature of the offense and the character of the offender. We affirm.
FACTS AND PROCEDURAL HISTORY
In June of 2012, Burrell was living with Michael Forrester in Angola, Indiana. On June 3, 2012, Burrell, Forrester, and others were at Forrester's residence, and over the course of that day they manufactured three batches of methamphetamine. At around midnight, Jared Pease, who was at the residence, received a phone call from Tracia Handshoe, (" Trey" ), who asked if she could come over to purchase some methamphetamine. Some time later, Trey and Brent Dombroski arrived at Forrester's residence.
Burrell did not like Dombroski based upon a previous incident, and upon discovering that Dombroski was in the home, Burrell pulled Forrester into the bathroom, showed Forrester a handgun, and loaded a bullet into the gun's chamber. Burrell exited the bathroom and began to place the newly-manufactured methamphetamine into bags. Trey gave Forrester $50 in exchange for half a gram of methamphetamine. Trey, Dombroski, Pease, and Forrester then smoked some of the methamphetamine, and later Dombroski " wanted to see the bag on the scales" and Forrester asked Burrell for the scales. Transcript at 611. Burrell asked Forrester why he needed the scales, and Forrester explained that Dombroski wanted to see the bag on them. Burrell told Forrester to have Dombroski come to the kitchen. After Dombroski put the bag on the scales, Burrell " told him that he f-- up that he took some out of it," and Dombroski stated that Burrell " already had the money and he didn't want no problems." Id. at 612, 764. Burrell shot Dombroski in the chest.
Forrester yelled at Burrell and Pease and asked if they could help take Dombroski to Pease's truck. When they were at the truck Burrell started slamming Dombroski's arms and legs against the tailgate. Burrell also told Forrester and Pease to tell police that Dombroski had shot himself. Pease and Trey drove Dombroski to the hospital where Dombroski died soon after arrival.
Meanwhile, at the residence, Burrell told Forrester that he needed to kill all of the eyewitnesses, and the men began cleaning up the blood and methamphetamine precursors. Burrell loaded his clothing and methamphetamine precursors into the vehicle of his father, Danny Burrell, who had been present during the shooting, and the three men cleaned the residence for a few hours and disposed of some of the precursors in a burn pit. Burrell told Forrester that they needed to dispose of Dombroski's vehicle, which was in the driveway, and they drove it to Ohio and abandoned it in a parking lot. Burrell stole the stereo from the front console before ...