from the Marion Superior Court The Honorable Grant W.
Hawkins, Judge Trial Court Cause No. 49G05-1603-MR-10589
ATTORNEY FOR APPELLANT Victoria Bailey Indianapolis, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana J.T. Whitehead Deputy Attorney General
Cameron Tibbs appeals his convictions for Level 6 Felony
obstruction of justice and Class A misdemeanor carrying a
handgun without a license. We affirm.
The sole issue before us is whether the trial court properly
denied Tibbs's motion to transfer his case to juvenile
court after he was found not guilty of murder.
On December 13, 2015, LeStacia Harris drove Shanice Dozier
and seventeen-year-old Tibbs to a gas station/convenience
store in Indianapolis. Tibbs and Dozier waited outside in the
car while Harris went inside to purchase some items. While
Harris was inside, Dozier noticed some cash lying on the
ground. She claimed she did not see anyone drop it, and she
retrieved it while Tibbs stayed in the car. As Dozier got
back in the car, a man-David Bowman- came running up to the
car, claiming the cash was his. Bowman pushed down one of the
car windows and said, "I'm about to kill you right
now if you don't give me my money back." Tr. Vol.
III. p. 16. Bowman put his hand into one of his pockets as if
reaching for a gun. As Bowman repeatedly said he was going to
kill Dozier, Tibbs said "No you're not."
Id. at 19. After Bowman again said, "Oh, yes, I
am, " Tibbs pulled out a gun that he had in the car and
fatally shot Bowman in the chest. Id. Harris had
returned to the car by this point and immediately drove away.
Dozier found a shell casing on the floor of the car and gave
it to Tibbs, and she believes he "got rid of it."
Id. at 36. Neither the shell casing nor the gun was
The State charged Tibbs as an adult with murder, Level 6
felony obstruction of justice, Class A misdemeanor dangerous
possession of a firearm, and Class A misdemeanor carrying a
handgun without a license. The State later dismissed the
dangerous possession of a firearm charge. While Tibbs was out
on bond awaiting trial and on home detention, and after he
turned eighteen, he was arrested and charged in Jackson
County with aiding, inducing, or causing Level 3 felony armed
robbery, Level 6 felony resisting law enforcement, and Class
A misdemeanor resisting law enforcement. At the murder trial,
Tibbs claimed self-defense, and the jury was instructed on
that defense. The jury acquitted Tibbs of murder but found
him guilty of Level 6 felony obstruction of justice and Class
A misdemeanor carrying a handgun without a license.
After the jury's verdict but before the trial court
entered judgment of conviction and sentenced Tibbs, he
petitioned to have his case transferred to juvenile court for
adjudication and disposition. At a hearing on the petition,
he presented testimony from a social worker and from his
mother. The social worker testified generally about juvenile
brain development, differences between the juvenile and adult
criminal systems, and the disparate impact of an adult
criminal conviction versus a delinquency adjudication.
Tibbs's mother related that he had never been arrested
prior to the shooting of Bowman, that he had not had serious
discipline problems in school, and that he had extended
family willing to support him. The State did not present
evidence at the hearing, but it did submit a written
memorandum of law arguing against transfer to juvenile court
to which it attached the charging information and officer
incident report for the pending Jackson County charges.
At the conclusion of the hearing, the trial court stated:
But for the violation of my orders, I'd send him back to
juvenile in a minute, even at age 18. But the violation of my
orders also includes the arrest in Jackson County, where a
gun was involved even if he didn't have it. . . .
It's going to be up to someone else to convince me that
during that hour long drive there was no idea what was going
on. So the [sic] all of that information inclines me to
decide not to send this back to juvenile.
Tr. Vol. IV pp. 137-38. The trial court did not issue a
written order denying Tibbs's motion to transfer, but the
denial is reflected in the chronological ...