Select this result to view Jerry Wayne Thompson's phone number, address, and more. ." The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. First Female Commander of Marine One Fired After Assault Charge If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. Despite the fact that Percy's description of Crandall's killing was largely uncontradicted and unchallenged, the State pointed to the testimony of several witnesses-the gun dealer who sold Crandall the murder weapon that Thompson eventually stole, the forensic pathologist who concluded that Crandall died of a gunshot wound to the head-to corroborate Percy's account. The only similarity here between the Crandall murder and the Indianapolis killings was the use of firearms to kill the victims (and different guns were used in each crime). However, double jeopardy forbids a retrial-even where the defendant requests it as here-if the reviewing court concludes that the evidence is legally insufficient to support the conviction. It could be argued that the evidentiary errors during the guilt phase were therefore harmless. Thompson's contention is meritless. C. The State's case in chief When Percy began to testify about the events surrounding the Crandall murder, the defense objected and renewed its contention that this evidence was irrelevant and inadmissible under Rule 404(b). Because we conclude that the extensive evidence of the prior crime was inadmissible under Indiana Evidence Rules 402, 403, and 404(b), and denied Thompson a fair trial, we reverse the convictions and remand for a new trial. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? . Indeed, by the time of closing argument, the State referred to the discrete killings as a circle of criminal conduct for which Thompson should be held responsible. Facebook gives people the power. III. 1993) (holding that improperly admitted evidence of prior acts was not harmless error where the State emphasized the disputed conduct in its opening and closing arguments); James v. State, 622 N.E.2d 1303, 1309-10 (Ind. . As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? Percy did not assert his knowledge of that fact or whether Crandall died from the shot. [W]hen you retire to that Jury Room after evaluating the credibility of Mr. Percy, listening to all the Evidence, you're going to have doubts." Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. Evidence is sufficient if the probative evidence and reasonable inferences drawn from the evidence could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. Ct. App. This [is] the gun that came from there. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind.1996). In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a ".22 derringer" that was sold to a third party. More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.See footnote 6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? His job was to set up mobile kitchens as the troops pushed forward into France. The State responds that a portrayal of the Crandall murder was not prohibited by Rule 404(b) because it helped prove Thompson's identity as the killer. As a result, the, decision to admit evidence of Thompson's access to the gun, and the State's offer of corroborative evidence to support Percy's version of the events in New Castle, was within the trial court's discretion. . The allegedly corroborative evidence here was irrelevant. Jerry Don Thompson - President - Voyager Energy Services - LinkedIn 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible-a showing, with reasonable factual context, of access to the murder weapon. The identity exception to the general prohibition on propensity evidence is crafted primarily for "signature" crimes with a common modus operandi. He worked in the kitchens and as a driver and mechanic. Here, one of the aggravating circumstances charged in addition to the prior murder was that Thompson intentionally killed Hillis and Beeler while committing or attempting to commit a robbery. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. Thompson v. State :: 1996 :: Supreme Court of Indiana Decisions He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a .22 derringer that was sold to a third party. . FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. doug percy jerry thompson - edrobd.org A. 2. Their BuildZoom score of 92 ranks in the top 32% of 55,949 Colorado licensed contractors. 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). In light of this disposition, it is unnecessary to. Thompson, Jerry K. # 85 & 95 The allegedly corroborative evidence here was irrelevant. If the extraneous details, of the killing were inadmissible in Ostrowsky -- a case involving car theft -- the prejudice to Thompson in a second murder prosecution is an a fortiori case. The fact that Crandall died and the fact that Thompson was convicted of his murder did not bear on any aspect of Percy's credibility because Percy did not testify to either subject. Jerry K. Thompson was convicted of two counts of murder,1 two counts of robbery,2 and one count of carrying a handgun without a license.3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. Because the effect of this testimony on the jury was at best speculative, and likely negligible in light of the more inflammatory evidence presented related to Crandall's murder, we see no basis for reversal on this point. 1993). The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. The State maintained that it understood the pretrial ruling on Rule 404(b) to allow evidence of the conviction itself, and that it relied on this interpretation in referring to the conviction in opening arguments. Is proof of that conviction in New Castle, proof of his guilt in this case? . II. Genealogy record of %1. This occurred with the apparent assent of all counsel. Without that knowledge it is impossible to conclude what, if any, "validation" of Percy the conviction represents. Conviction there could have been based on forensic or other evidence wholly independent of Percy's testimony. In any event, the jury in this case did not and could not know all of the record in the Crandall trial.