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Friday, April 02, 2010
Ind. Decisions - "Ruling will release Elkhart man from prison" [Updated]
Wednesday's COA decision in Tyrus D. Coleman v. State of Indiana (ILB summary here - 3rd case) is the subject of a story today by Justin Leighty in the Elkhart Truth:
GOSHEN -- Tyrus Coleman of Elkhart will go free after a split panel of the Indiana Court of Appeals ruled that he shouldn't have been tried a second time and convicted of attempted murder.[Updated almost immediately] A reader notes the opinion is not final until certified.Coleman had two trials in Elkhart Circuit Court. In one, he was acquitted on a murder charge related to the shooting death of Jermaine Jackson, but that jury couldn't agree whether Coleman was guilty of attempted murder for shooting Jackson's father, Anthony Dye.
Like that jury, the appeals court wasn't unanimous. Two justices ruled that the original jury, though it wasn't unanimous on attempted murder, apparently ruled the shooting of Dye was also justified, so Coleman shouldn't have been re-tried in that shooting, which happened in Elkhart on March 18, 2007.
The entire incident, which took place outside Coleman's recording studio, was captured on video. Jackson showed up and tried to force his way in to get revenge on Omar Sharpe, a recording artist in the studio. Sharpe had robbed Dye four months earlier.
Coleman forced Jackson out, but Jackson called Dye to come over.
When Dye walked into the yard with a gun in hand, he moved toward Sharpe. Coleman walked to Dye and shot him in the head, then shot him again as Dye dropped to the ground. Jackson drew his gun and the two men had a shoot-out, which left Jackson dead.
Two judges ruled in their opinion this week that in the first trial, "The jury must have necessarily decided that Coleman's use of force against Dye was also not a crime."
However, Judge Carr L. Darden wrote a dissent, saying, "After reviewing the video that the jury saw, I am of the opinion that the testimony at trial and the video evidence could support the reasonable inference that Coleman was not in fear for his life as Dye was walking past him, while also supporting the reasonable inference that Coleman was in fear for his life when facing Jermaine's drawn weapon." Darden said the second trial was proper.
The majority's ruling, though, ordered the case against Coleman dismissed, meaning he'll be released from his 45-year prison sentence.
Posted by Marcia Oddi on April 2, 2010 01:33 PM
Posted to Ind. App.Ct. Decisions