Jane Lore Dr. Long Criminal Law 3 March 2019 Case Briefs-Chapter 6 I. Myers III v. State Indiana Supreme Court (2015) No. 76S03–1407-CR-493 II. Facts of the Case: A. Donald W. Myers, III, has a history of mental illness, and has been diagnosed with paranoid schizophrenia. Unprovoked, Myers fired a shotgun several times at multiple vehicles, including a police cruiser. Myers was ultimately convicted on four counts of attempted murder. The jury found Myers guilty but mentally ill. Myers claims that no reasonable jury could have reached this conclusion and that he should have been found not guilty by reason of insanity. . . . B. On the evening of April 29, 2004, David Brown was driving in the Silver Lake Trailer Court with his wife, Vicki Brown, and young grandson in the car. Brown heard a loud boom, and when he looked into the rearview mirror, there was a man running towards the vehicle pointing a long gun in the direction of their vehicle. Then, another gunshot was fired in the direction of Brown’s vehicle. Brown drove the vehicle out of Silver Lake onto U.S. 20, and saw the man who fired the weapon running alongside the road. Brown called 911 and gave a description of the man. The man firing the weapon was later identified as Myers. C. Shortly thereafter, Desmond Augenstein was driving westbound on U.S. 20 when he saw Myers walking down the middle of the road heading east-bound. Augenstein saw a vehicle coming the opposite direction and turned around to check on Myers’s well-being. Augenstein then saw that Myers was holding a gun, and he quickly turned the vehicle back around. Myers raised the gun and shot twice in Augenstein’s direction. Augenstein was driving with the windows down and heard bullets flying by the window. He also called 911 to notify police. D. Trooper Ghent yelled for Myers to stop, but Myers appeared to merely look through him and continue walking. After Myers refused to stop and drop his weapon, Trooper Ghent fired at Myers and knew that Myers was hit near his
shoulder when he saw Myers react and turn away. Trooper Smith and Deputy Knott heard the gunshots and did not know whether Myers or Trooper Ghent had fired. Both officers fired upon Myers when he turned and started approaching them, at which time Myers retreated into a wooded area along the roadside. E. The officers immediately established a perimeter around Myers’s location to prevent him from exiting out the opposite side. The police vehicles were repositioned to shine spotlights in the direction where Myers was hiding to get better visibility. As other law enforcement officials arrived, a visual was kept on Myers while a negotiator attempted to convince him to surrender. Gas was eventually fired into Myers’s location in an attempt to force him out into an open space, but Myers remained in the brush. An armored vehicle was finally utilized to approach Myers, and two members of the tactical team apprehended him.
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