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Quinn v. State

Court of Appeals of Indiana

June 19, 2019

Herbert Quinn, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the Marion Superior Court Trial Court Cause No. 49G02-1703-F1-9333 The Honorable Marc T. Rothenberg, Judge

          Attorney for Appellant Rory Gallagher Marion County Public Defender Indianapolis, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Tiffany A. McCoy Deputy Attorney General Indianapolis, Indiana

          Pyle, Judge.

         Statement of the Case

         [¶1] Herbert Quinn ("Quinn") appeals his conviction for attempted murder, a level 1 felony.[1] Specifically, Quinn challenges the sufficiency of the State's evidence to rebut his claim of self-defense. Concluding that the evidence is sufficient to rebut Quinn's self-defense claim, we affirm the trial court's ruling.

         [¶2] We affirm.

         Issue

         Whether sufficient evidence rebutted Quinn's self-defense claim.

         Facts

         [¶3] The facts most favorable to the verdict are as follows. On March 6, 2017, Herbert Quinn drove to the home of Darryl Boone ("Boone") and his fiancé, Kendra King ("King"). Quinn was accompanied by two of King's sisters, Katisha Holland ("Holland") and Monica Walker ("Walker"). Quinn, Walker, and Holland later testified that they went to Boone's and King's home to talk to them about a Facebook post that had caused them to become alarmed. Walker testified that she believed Quinn wanted to see Boone to "beat him up." (Tr. Vol. 3 at 14).

         [¶4] Boone's front door has a glass screen door that opens outward and a main door that opens inward. While Holland and Walker stood in the driveway, Quinn approached the front door of Boone's home, opened the glass screen door, and knocked multiple times. In between knocking, Quinn walked around the exterior of the home. Each time Quinn knocked, Boone asked who was knocking, but Quinn never replied. Quinn had with him a silver handgun, which he removed periodically from his waistband and held in his hands.

         [¶5] Inside the home, Boone suspected "something funny" was going on, so he armed himself with a handgun and went to the front door. (Tr. Vol. 2 at 81). When Quinn saw Boone begin to open the main door inward, he stepped backward and raised his gun. Boone then opened the glass screen door outward and stepped outside with a handgun. Both men raised their handguns toward each other. Quinn fired at least two shots, one of which shattered the glass screen door behind Boone, and the other of which struck Boone on his left side, breaking two ribs and puncturing his lung. Boone required hospitalization and surgery.

         [¶6] At the hospital, Boone talked to Detective Jerry Townsend ("Detective Townsend") of the Indianapolis Metropolitan Police Department ("IMPD"). During Detective Townsend's investigation, he learned that a security camera set up outside Boone's home captured video clips of the shooting. The angle of the video shows the exterior of the front door from a slanted, aerial view. The video recording is motion-activated; the camera records clips in six-second increments upon the detection of movement. At Detective Townsend's request, King played several incremental video clips on her iPhone for Detective Townsend to view. Detective Townsend asked King to send him the relevant video clips capturing "from the time [Quinn, Walker, and Holland] arrived until the time the shooting happened." ...


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