Gabriel G. Williams, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the St. Joseph Superior Court. The Honorable Jane
Woodward Cause No. 71D01-1508-F5-165 Miller, Judge.
Attorney for Appellant Thomas P. Keller South Bend, Indiana
Attorneys for Appellee Gregory F. Zoeller Attorney General of
Indiana Christina D. Pace Deputy Attorney General
Sharpnack, Senior Judge
of the Case
After a bifurcated jury trial, the trial court entered
judgment of conviction against Gabriel G. Williams on one
count of Level 5 felony criminal recklessness,  and one count of
Level 5 felony carrying a handgun without a
license. On appeal, Williams challenges the
sufficiency of the evidence supporting his conviction for
criminal recklessness. We affirm.
The sole issue presented in this appeal is whether the
evidence is sufficient to support Williams's conviction
for Level 5 felony criminal recklessness.
and Procedural History
On October 9, 2014, at around 3:00 a.m., Williams and a
woman, later identified as Judy VanHouten, were sitting in a
vehicle parked in the back yard of a residence at 417 North
Walnut Street in South Bend. While seated in the vehicle,
Williams fired his Smith and Wesson Bodyguard .380 caliber
semiautomatic handgun. The bullet went into and through the
vinyl siding on the corner of the house, ricocheted after
exiting the first house, then lodged in the vinyl siding of
the second story of another residence across the street,
located at 426 North Walnut Street.
The South Bend Police Department uses a system called
ShotSpotter. ShotSpotter is an acoustic gunshot detection and
location system that uses sensors in a specific geographic
area to listen for the sound of gunfire. The system detects
and records the sound of gunfire, then calculates and locates
the place where the gunfire occurred, and then reports that
location to law enforcement. South Bend Police Department
officers were dispatched to the area of 417 North Walnut
Street as a result of a ShotSpotter alert on October 9, 2014.
Officers Jonathon Gray and Andrew Witt responded to the
alert, and upon arrival walked to the back of the 417 North
Walnut Street residence. There they observed a white
Chevrolet Camaro sitting less than ten feet from the back of
Officer Witt shined his flashlight at the Camaro. Both
officers observed two individuals in the Camaro; a male
driver, later identified as Williams, and a female passenger,
VanHouten. Shortly after Officer Witt shined his flashlight
into the car, Williams jumped out of the vehicle and refused
to obey commands to stop and show his hands. Instead,
Williams started backing toward the rear of the vehicle.
Williams was detained for his failure to follow the
After Officer Gray explained to Williams that he and Officer
Witt had been dispatched to the scene on a report of shots
fired, Williams told the officers that there was a gun
located under the driver's seat of the vehicle. Officer
Witt found the gun, the butt of which protruded from under
the seat. The gun was loaded with one round in the firing
chamber. The gun was secured by the officers. In addition to
the gun, marijuana was found in a clear plastic bag in the
center console of the car.
After he was advised of his Miranda rights, Williams
first told officers that he, VanHouten, and a male Williams
claimed to know only as "T, " had been inside his
car, drinking and smoking marijuana. He claimed that they saw
a raccoon on a trash can and that "T" used the gun
he had in his possession to fire at the raccoon in order to