Appeal
from the Vanderburgh Superior Court The Honorable Robert J.
Pigman, Judge Trial Court Cause No. 82D03-1706-MR-3487
ATTORNEY FOR APPELLANT Matthew J. McGovern Anderson, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana J.T. Whitehead Deputy Attorney General
Indianapolis, Indiana
PYLE,
JUDGE.
Statement
of the Case
[¶1]
Deryan Cook ("Cook") appeals his conviction by jury
of murder.[1] He argues that the trial court abused its
discretion in excluding evidence and that his sixty-five (65)
year sentence is inappropriate in light of the nature of the
offense and his character. Concluding that the trial court
did not abuse its discretion and that Cook's sentence is
not inappropriate, we affirm the trial court's judgment
and sentence.
[¶2]
We affirm.
Issues
1.
Whether the trial court abused its discretion in excluding
evidence.
2.
Whether Cook's sentence is inappropriate in light of the
nature of the offense and his character.
Facts
[¶3]
On June 4, 2017, Michael Turpin's ("Turpin")
truck broke down. After unsuccessfully attempting to find
someone to pick him up, he and Jamie Baker
("Baker") decided to walk to a friend's house
on the other side of town. As they walked across a
Walgreen's parking lot at approximately 12:30 a.m. the
following morning, Turpin noticed twenty-year-old Cook
approach them from a nearby gas station. Cook gave Turpin a
"fucked up look," and Turpin told Baker to walk
faster. (Tr. Vol. 2 at 89). As Turpin and Baker began to walk
down a residential street, Turpin turned around and noticed
that Cook was standing in front of the Walgreen's and
staring at them. Turpin told Baker to "pick up the
pace." (Tr. Vol. 2 at 89-90). A few minutes later,
Turpin heard Cook's footsteps behind them. Cook yelled at
Turpin and Baker to "get on the fucking ground" and
began shooting at them. (Tr. Vol. 2 at 94). Turpin turned
around and got a clear view of Cook, whose face was
illuminated by a street light. Turpin grabbed Baker and heard
"like three more shots" and then a click. (Tr. Vol.
2 at 97). Cook took off running, and Turpin realized that
Baker had been shot in the center of her back. Baker died
before emergency personnel arrived at the scene.
[¶4]
Cook returned to his nearby apartment where several of his
roommates were listening to a police scanner. Cook told
roommate Alexander Southard ("Southard") that he
"had to do it" and that he had "shot four and
saved five." (Tr. Vol. 2 at 212, 213). Cook later told
Southard that he had gone out to rob somebody and that he had
seen Turpin and Baker walking down the street. According to
Cook, Baker was carrying a purse and "if she wasn't
going to give it up [I] was going to shoot her and that's
what happened." (Tr. Vol. 2 at 214). Cook further
explained to Southard that he had told Turpin and Baker
"to lay down or whatever and they took off
running." (Tr. Vol. 2 at 214). According to Cook, he had
then shot them. Cook also told Southard that he had used a
.40 caliber handgun.
[¶5]
A few days later, Southard told the police what Cook had told
him about Baker's murder. Turpin then identified Cook in
a photo array, and Cook was brought in for questioning by
Detective Peter DeYoung ("Detective DeYoung"). Cook
told Detective DeYoung that he had been with Jerome Height
("Height") when Height had attempted to rob and had
then shot Baker. Cook told the detective that he, Cook, had
run back to his apartment after the shooting and cried. Cook
also stated that he did not "mess around with
guns." (Tr. Vol. 3 at 62). Cook later admitted to the
detective that he had had possession of the murder weapon a
week before the murder and that he had given it to Height.
Cook also admitted that he had stood at the Walgreen's,
had watched ...