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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.

FILED
Dec 31 2008, 9:17 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: PAUL D. STANKO Crown Point, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
TIMOTHY J. HARVEY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A05-0805-CR-259

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Clarence D. Murray, Judge Cause No. 45G02-0601-MR-1

December 31, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Timothy Harvey challenges his conviction for the murder of Ricky Chapman. Specifically, Harvey contends that the trial court abused its discretion by admitting into evidence his statement to police confessing to the murder. Harvey argues that his

warrantless arrest was not supported by probable cause, making his resulting confession inadmissible, and that his statement to police was not voluntary. Finding that Harve y's arrest was supported by probable cause and that the evidence is sufficient to show that Harvey's confession was voluntary, we affirm his conviction. Facts and Procedural History On December 25, 2005, Gary Police Department Officer Jackie Reid responded to a missing person report by traveling to Chapman's home in Hammond, Indiana. Chapman was last seen on December 22, 2005. On December 22, after work, Chapman had gone to an ATM and withdrawn $1000 in cash, but he did not arrive at his family's holiday gathering in St. Louis as expected. His family then called to report him missing. Officer Reid met a relative of Chapman's at his home and contacted the fire department to gain entry to the residence. Once inside, Officer Reid found Chapman, deceased and face down, in the basement. Officer Reid secured the scene and contacted Deputy Chief Thomas Branson, who arrived at the scene and found Sellier and Belloit brand shell casings. It was determined that Chapman died as a result of four gunshot wounds to the head and back. Chapman's wallet and money were not found at the scene and were never recovered.

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Detective Lorenzo Davis then joined the investigation. Detective Davis began canvassing the neighborhood and spoke with one of the neighborhood residents, Harvey's father. Detective Davis learned from Harvey's father that Harvey and Chapman were friends and that Harvey lived nearby with another friend, Albert McFall. Detective Davis then went to McFall's home and learned that Harvey visited Chapman's home for fifteen to twenty minutes on December 22 and returned nervous, shaking, and without the gun he was known to carry. McFall told the officers that Harvey had then received a ride to the home of McFall's sister, Kamika Weathersby. After speaking to Weathersby, Detective Davis learned that after leaving her home, Harvey had called Weathersby and instructed her to put a fur coat he had left behind into a hole in her garage. Police officers recovered the coat and found inside it a box of Sellier and Belloit bullets. The police also learned that soon after Chapman's body was discovered, Harvey purchased a car. Detective Davis learned that Harvey was now staying in a nearby abandoned house, and when officers arrived there on December 31 to arrest him, Harvey fled from the officers. After Harvey was arrested and read his Miranda rights, Detective Davis interviewed Harvey at the police department. Detective Davis read Harvey his rights again and Harvey then read and signed a Miranda waiver. Harvey then gave a statement to the police, confessing to shooting Chapman and taking his wallet, which contained about $700 in cash. The State charged Harvey with murder.1 On the first day of his jury trial, Harvey filed a motion to suppress his statement to police confessing to the murder, which the

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Ind. Code

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