Anthony T. Williams, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Lake Superior Court The Honorable Salvador Vasquez,
Judge Trial Court Cause No. 45G01-1312-MR-12
Attorney for Appellant Thomas W.Vanes Crown Point
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Michael Gene Worden Deputy Attorney General
[¶1] Anthony Williams appeals his
convictions for murder, Class A felony attempted murder, and
Class B felony carjacking. We affirm.
[¶2] The sole issue is whether the
trial court properly denied Williams's motion for change
[¶3] Early in the morning of December
2, 2013, Williams shot and killed his friend, Damian Reedus,
in a van belonging to Aja Jester that Reedus was borrowing.
Williams also shot Jester in the neck, but not fatally.
Williams then pulled Jester out of the van, straddled her,
pointed the gun at her face, and told her she had to die
because she had seen his face. Although Williams pulled the
trigger twice, the gun failed to fire. Jester then managed to
run away, and Williams drove away in the van. Jester
underwent surgery on her neck. She still suffers pain and
psychological trauma, including post-traumatic stress
disorder, from the shooting.
On December 5, 2013, the State charged Williams with multiple
counts, including murder, Class A felony attempted murder,
and Class B felony carjacking. On February 27, 2015, the
State and Williams reached a plea agreement that Williams
would plead guilty to murder and Class A felony attempted
murder. The agreement expressly provided for a sentence of
fifty-five years for murder and thirty years for attempted
murder, with the sentences to be served concurrently. The
trial court took the plea under advisement and ordered
preparation of a presentence report.
On April 1, 2015, the trial court held a sentencing hearing.
Before accepting the plea, the trial court heard victim
impact testimony from Jester. Jester expressed displeasure
with the plea agreement, stating that she did not believe a
term of fifty-five years was long enough for Williams. At the
conclusion of Jester's testimony, the trial court stated:
I'm not comfortable giving Mr. Williams the pass on
shooting you. Because, as I see it, that's exactly
what's taking place here. I would not reject the plea on
the 55 years for the charge of murder, but I'm not
comfortable on the 30 years concurrent term, because that
gives Mr. Williams essentially a pass for shooting you. If
you are also not comfortable with the plea, the plea is
rejected and this matter goes to trial.
App. Vol. IV p. 205. After defense counsel made a record
objecting to rejection of the plea, the trial ...