Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: ELLEN M. O'CONNOR Marion County Public Defender Agency Indianapolis, Indiana

FILED
Apr 28 2010, 8:19 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana RICHARD C. WEBSTER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KEITH MCCRAY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0909-CR-536

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Sheila A. Carlisle, Judge Cause No. 49G03-0808-MR-189705

April 28, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Following a jury trial, Appellant-Defendant Keith McCray was convicted of Class A felony Voluntary Manslaughter1 and Class A misdemeanor Carrying a Handgun Without a License,2 for which he received an aggregate forty-year sentence in the Department of Correction with ten years suspended, five to probation. Upon appeal, McCray challenges his voluntary manslaughter conviction by arguing that there was insufficient evidence to rebut his claim of self-defense. We affirm. FACTS AND PROCEDURAL HISTORY The evidence most favorable to the verdict reveals that in the late night and early morning hours of August 9-10, 2008, two groups of persons were gathered near the intersection of Narrow Leaf Drive and Narrow Leaf Court in Indianapolis. McCray, S.W., her boyfriend Kameron Wells, and Devon Williams were gathered outside S.W.'s mother's home at 11422 Narrow Leaf Drive. Lonnie Banks, Nick Martin, Amanda Renner, Lanee Harlin, and others were gathered outside their friend Diamond's aunt's home on Narrow Leaf Court, which is a cul de sac branching off of Narrow Leaf Drive. At some point Banks and Martin walked toward the intersection of Narrow Leaf Drive and Court after hearing that the other group had a "beef" with Banks's friend Baron Mays. Tr. p. 505. Banks yelled at S.W.'s group, "Who['s] got a problem with Baron Mays?" Tr. p. 252. McCray, who was in possession of a handgun at the time, responded by yelling, "I don't f*** with Baron." Tr. p. 255. Banks then stated, "All right. It don't concern you. It don't matter to you." Tr. p. 508. Shortly thereafter,
1 2

Ind. Code

Download Keith McCray v. State of Indiana.pdf

Indiana Law