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Gore v. State

Court of Appeals of Indiana

April 29, 2014

JAMAL AHMAD GORE, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE LAKE SUPERIOR COURT. The Honorable Diane Ross Boswell, Judge. Cause No. 45G03-1005-MR-8.

ATTORNEY FOR APPELLANT: THOMAS W. VANES, Office of the Public Defender, Crown Point, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, J.T. WHITEHEAD, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. VAIDIK, C.J., and RILEY, J., concur.

OPINION

Page 388

MAY, Judge

Jamal Ahmad Gore appeals the jury's finding that Gore was guilty of murder[1] and Class C felony battery,[2] but mentally ill at the time of the crime. Gore asserts the jury clearly erred in finding Gore guilty but mentally ill, instead of not guilty by reason of insanity. We affirm.

FACTS AND PROCEDURAL HISTORY

Gore was diagnosed as schizophrenic around age thirteen. He attended various schools without much success and was in and out of the family home due to his confrontational behavior. Gore's parents had him hospitalized for mental health reasons at least five times between 2002 and 2009. In mid-May of 2010, Gore's parents again requested an emergency detention order for their son because Gore was dressing heavily in a hot room, he was accusing a nephew of taking his property, he drove his car on its wheel rim to the body shop and claimed the tire had been shot, and he was not taking his medication. That order was never executed, and Gore was never picked up.

On May 24, 2010, Gore called an old friend from school, John Davis, Jr., numerous times until Davis finally answered. Gore sounded upset on the phone, so Davis and his girlfriend, Melissa Maida, went to pick up Gore at his home. Gore came out of his home overdressed for the warm day, wearing all black attire, including a hoodie sweat shirt, black pants, and a hat. Gore did not appear agitated. The three drove to a gas station, where Davis bought cigarettes, and then, at Gore's request, they drove around attempting to buy marijuana. As Maida was driving the three down the

Page 389

road after a failed attempt to buy marijuana, Maida heard gunshots. Gore had shot Davis five times in the head, neck, and back, and had shot Maida in the leg. Gore kicked open the back door and ran away. When police arrived they found Davis dead in the car. They found Gore four blocks east of where the shooting occurred. Homicide Detective William Fazekas described Gore as calm and straightforward, not agitated or aggressive, and answering questions like a " normal person" would. (Tr. at 202.) Within 24 hours of Gore's arrest, medical and mental health personnel at the jail noted Gore was agitated, withdrawn, depressed and paranoid.

The State charged Gore with Murder and Class C felony battery. The trial court held a competency hearing on September 30, 2010, and found Gore not competent to stand trial. Following a report from the Division of Mental Health dated January 4, 2011, the court found Gore competent to stand trial. The trial court appointed Dr. Jill Miller, Dr. R. Bhawami Prasad, and Dr. Douglas Caruana to evaluate Gore, and Gore retained an expert, Dr. Stephanie Calloway. The jury trial commenced on October 30, 2012, and all four experts testified. The jury concluded ...


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