ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Walter E. Bravard, Jr. Jeffrey Modisett
Indianapolis, Indiana Attorney General of Indiana
Rosemary L. Borek
Deputy Attorney General
Indianapolis, Indiana
JASON RASCOE, )
Defendant-Appellant, )
)
v. ) 49S00-9908-CR-444
)
STATE OF INDIANA, )
Plaintiff-Appellee. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Jane Magnus-Stinson
Cause No. 49G06-9802-CF-19037
________________________________________________
October 25, 2000
The defendant, Jason Rascoe, was convicted of murder
See footnote for the January 17, 1998
slaying of Gene Wills in Marion County. In this appeal, the defendant
contends that the eyewitness's identification testimony was improperly admitted and that the evidence
was insufficient.
The first claim misunderstands or misrepresents the record. The defendant argues that
he was deprived of due process of law because the only eyewitness, Ronald
McGrady, was permitted to identify the defendant in court only after a suggestive
pre-trial police photographic "line-up." The record of the defendant's bench trial reflects
that, during the State's re-direct examination, McGrady identified the defendant without objection.
Record at 231-32. During re-cross examination of McGrady, however, the defendant moved
to strike and suppress the in-court identification.
Id. at 234. The
trial court initially took the motion under advisement. Id. at 235.
Following testimony from the investigating police officer, however, the trial court granted the
motion to strike and expressly suppressed the in-court identification. Id. at 251.
Having already received at trial the relief he now seeks, the
defendant presents no claim for relief on this issue.
The defendant also contends that his conviction is not supported by sufficient evidence.
In reviewing a claim of insufficient evidence, we will affirm the conviction
unless, considering only the probative evidence and reasonable inferences favorable to the judgment,
and neither reweighing the evidence nor judging the credibility of the witnesses, we
conclude that no reasonable fact-finder could find the elements of the crime proven
beyond a reasonable doubt. Jenkins v. State, 726 N.E.2d 268, 270 (Ind.
2000); Webster v. State, 699 N.E.2d 266, 268 (Ind. 1998); Hodge v. State,
688 N.E.2d 1246, 1247-48 (Ind. 1997).
The defendant argues that the evidence was insufficient to show that his killing
of the victim was knowing or intentional, as required to convict for murder.
Ind. Code § 35-42-1-1. He claims that he merely panicked as
his gun went off unexpectedly.
This claim is contradicted by the facts favorable to the judgment. The defendant
approached the decedent with a gun in each hand and shot the decedent
eight or nine times. Five gunshot wounds were found in the decedent.
The defendant later admitted to police that he fired the initial shot
and then, when the victim was on the ground, the defendant fired both
handguns numerous times into the victim. An eyewitness observed the shooting.
From this evidence, the fact-finder could find beyond a reasonable doubt that the
defendant knowingly or intentionally killed the decedent.
We affirm the judgment.
SHEPARD, C.J., and SULLIVAN, BOEHM, and RUCKER, JJ., concur.