APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Grant Hawkins, Judge. Cause No. 49G05-1201-MR-5766.
ATTORNEY FOR APPELLANT: VICTORIA L. BAILEY, Marion County Public Defender Agency, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; ELLEN H. MEILAENDER, Deputy Attorney General, Indianapolis, Indiana.
BAILEY, J., concurs.
KIRSCH, J., dissents with separate opinion.
Michael Torres was convicted, after a jury trial, of murder, and Class A misdemeanor, carrying a handgun without a license. He argues his right to confront
witnesses against him was violated. We affirm.
FACTS AND PROCEDURAL HISTORY
Torres had dated Tia Brady, who in December 2011 was living with Darnall Lindsay (" DJ" ) in an apartment in Marion County. On December 19, 2011, Torres went to that apartment and knocked on the door. Brady looked through the peephole and saw Torres wearing a red hat and holding a gun pointed at the floor. Torres told her to open the door or he would shoot through it. Brady called 911.
DJ arrived home and saw people outside the apartment. Destiny Armstrong saw a person on the sidewalk wearing a red hat and holding a black gun in his outstretched arm. Richard Morales, who was with Armstrong, heard three gunshots and saw two black men slowly backing away from the apartment. Morales and Armstrong flagged down a police officer and took him to the apartment.
While Brady was on the phone with 911, she heard scuffling outside the door followed by gunshots. DJ told her to open the door and said he had been shot. She opened the door and DJ fell to the floor, holding a black 9 mm pistol. When police arrived, DJ was lying in the doorway, with a hole in his abdomen and blood on his legs. Brady told the police Torres had been involved, and officers recovered a red hat, four spent 9 mm casings, and two spent bullets from the scene. The spent casings and bullets were all fired from the gun police recovered.
DJ was taken to the hospital where he died of his wounds. He had suffered gunshot wounds to his right thigh, left arm, and the fatal shot to his abdomen. Dr. John Cavanaugh performed an autopsy. By July 2013, when the trial was held, Dr. Cavanaugh had left Marion County. At trial, the State called Dr. Joye Carter, the chief forensic pathologist at the Marion County Coroner's Office, as an expert witness. She testified that she had reviewed the records, including photographs, from DJ's autopsy, and she testified about the ...