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Wells v. State

Court of Appeals of Indiana

April 29, 2015

Andre C.T. Wells, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 1257

Appeal from the Monroe Circuit Court; The Honorable Teresa D. Harper, Judge; 53C09-1209-MR-857.

ATTORNEYS FOR APPELLANT: Noah T. Williams, Monroe County Public Defender; Stuart K. Baggerly, Monroe County Public Defender, Bloomington, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, Indiana.

May, Judge. Baker, J., and Barteau, S.J., concur.

OPINION

Page 1258

May, Judge.

[¶1] Andre C.T. Wells appeals his conviction of murder. He raises three issues for our review:

1. Whether the trial court abused its discretion when it admitted recordings of Wells' statements to Brian Thompson;
2. Whether the trial court abused its discretion when it admitted evidence regarding Wells' alleged plot to kill Brian Thompson; and
3. Whether the trial court abused its discretion when it admitted testimony concerning cell phone towers and the potential locations of cell phones relevant to the crime.

[¶2] We affirm.

Facts and Procedural History[1]

[¶3] In October, 2010, Wells lived with his mother, Melissa, his brother, A., and his stepfather, Robin Sowders. Melissa worked at a resort in Bloomington. On October 23, Melissa left to go to work and noted Robin was intoxicated. She called Wells and asked him to spend time with Robin, but not to bring Robin to her place of employment.

[¶4] After Wells and Robin drank wine and smoked marijuana, Wells, Robin, and Wells' girlfriend Tristiny, went to Melissa's place of employment. Robin and Melissa argued, and Wells took Robin home. Wells then went with Tristiny to his father's house.

[¶5] After he arrived home, Robin texted and called Melissa multiple times. At one point, Robin told Melissa he was going to kill A., who was at the house with Robin. Melissa then went home and retrieved A., and the two spent the night in a hotel. Melissa called Wells and told him to " handle the situation." (Tr. at 553.) Wells went to Robin's house, wrapped his own hands in duct tape, and beat Robin and stomped on him.

[¶6] The next morning a friend discovered Robin, who was still alive, in the house. The friend called the police. At the same time the police surveyed the scene, Melissa and A. arrived at the police station to file a protective order against Robin. Robin was transported to Methodist Hospital and died a short time later. The police interviewed Wells, who denied involvement in the crime.

[¶7] A few days later, Wells told his friend, Brian Thompson, that he had killed Robin. A few days after that conversation, Thompson went home with Wells, so Wells could retrieve money and clothes to leave for Florida. Wells also took some tools, a red metal ...


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