Opinion
24A-CR-1415
12-19-2024
Jonathon Lewis Dischner, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff
ATTORNEY FOR APPELLANT Katrina M. Dyson Wabash, Indiana. ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General Justin F. Roebel Supervising Deputy Attorney General Indianapolis, Indiana.
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case.
Appeal from the Grant Superior Court The Honorable Jeffrey D. Todd, Judge Trial Court Cause No. 27D01-2202-MR-1.
ATTORNEY FOR APPELLANT Katrina M. Dyson Wabash, Indiana.
ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General Justin F. Roebel Supervising Deputy Attorney General Indianapolis, Indiana.
Vaidik, Judge and Crone, Senior Judge concur.
MEMORANDUM DECISION
Altice, Chief Judge.
Case Summary
[¶1] Jonathon L. Dischner appeals his conviction for two counts of murder and one count of attempted murder, challenging the sufficiency of the evidence.
[¶2] We affirm.
Facts & Procedural History
[¶3] In February 2022, Dischner lived in a house on 1stStreet in Marion, Indiana, where people "on their last leg" rented single rooms on the second level. Transcript Vol. 2 at 62. The owner, Jocelyn Dube, lived in an apartment on the first level. The rentals on the second level were numbered four through nine with, as relevant here, Dischner living in room four, Michael Sandlin in room seven, David Kitts in room eight, and Dennie Johnson in room nine. Johnson was known as "Half Pint" due to his small size. Id. at 63.
[¶4] On the evening of Sunday, February 6, 2022, Sandlin and Johnson were brutally murdered with a samurai sword on the second level of the house. State's Exhibit 139 represents the layout of the second level and where the murder victims were found by police:
(Image Omitted)
Exhibits Vol. 5 at 150.
[¶5] Just prior to the murders, Kitts and Sandlin were drinking and watching television together in Kitts's room. After Sandlin stepped out to obtain a bott from his room, Kitts heard a commotion and Sandlin saying that somebody had a sword. Kitts then opened the door and saw Dischner nearby in the hallway stabbing Sandlin with a sword. Not wanting to get stabbed himself, Kitts quickly closed and locked his door and then listened in silence.
[¶6] Though it is not clear in what order, Kitts heard multiple things from inside his room. He heard Sandlin run into Johnson's room across the hall and lock the door followed by someone trying to force Johnson's door open. He also heard Johnson exclaiming, "Oh, God he's killin' me! He's killin' me. He's killin' me." Transcript Vol. 3 at 67. Later, Dischner tried unsuccessfully to get into Kitts's room and then said from the other side of the door, "when you get out, you clean this shit up or I'll get you next." Id. at 68.
[¶7] Dube eventually went upstairs after receiving a message from Kitts. As he turned to go down the long hallway, Dube saw Dischner "wiping the sword." Transcript Vol. 2 at 69. Dube "didn't have time to calculate what was going on" because Dischner immediately said "you" and then came after him. Id. at 68. As Dube ran down the stairs, he was struck in the head with the sword. He felt a sharp pain as a "chunk of skin and hair and maybe bone" was sliced off the left side of his head. Id. at 57. Dube also suffered a severe laceration to his back between his neck and left shoulder.
[¶8] As Dube reached the front door of the house, Dischner looked as if he was "getting ready to spike" Dube. Id. at 70. Dube grabbed the blade of the sword, which cut three of his fingers to the bone, and he struggled to unlock the door with his other hand. Dischner responded by trying to gouge out one of Dube's eyes with his fingernail, but Dube managed to shove Dischner out of the way and get outside. Dischner followed as Dube ran down the street.
[¶9] Dube, covered in blood, encountered William Boots, a neighbor out walking a dog, and asked him to call the police. Dube told Boots, "I've been attacked by my tenant." Id. at 40. At the time, Dube was unaware of anyone else being injured inside the house. While waiting for the police to arrive, Dube followed Dischner back toward the house multiple times, trying to protect his tenants and "keep [Dischner] at bay." Id. at 74. Meanwhile, Boots called the police twice and watched in the dark from a distance. Boots observed Dischner come back outside at one point and appear to hit Dube in "an overhand motion" with what looked to be a stick, about three feet long. Id. at 42.
[¶10] The third time Dube followed Dischner back toward the house, Dischner shut the front door and then looked at Dube through a window and said he was sorry. Instead of chasing Dube again, Dischner went upstairs. Dube eventually went into his apartment to wash blood from his eyes, grab a towel for his head, and put on boots before heading back outside.
[¶11] Marion Police Department Officer Richard Eastes was the first to respond to the scene, believing it to be a general disturbance call. Dube walked towards Officer Eastes, who assisted in trying to get Dube's bleeding under control, as his head was "squirting blood everywhere," including on Officer Eastes and his squad car. Id. at 56. Officer Eastes also called for an ambulance.
[¶12] Shortly thereafter, Officer Billy Cole arrived and observed the seriousness of Dube's injuries. He radioed for additional aid and then approached the house to obtain more information. At that point, Dischner came out onto the porch with blood spatter on his face, neck, and t-shirt and red staining on both arms. Dischner said, "thank God you guys are here. Dude, it's crazy. I don't even know. I'm just glad you're here." Id. at 105. He continued, "I don't know. He started bleeding on me. I went in my room to try to clean it off. There's more stuff in there. I don't know. I was doing my prayers." Id. at 106. Officer Cole was confused as to what had happened, not getting clear answers from Dischner, so he decided to enter the house, leaving Dischner on the porch with Officer Johnny Bosquez.
[¶13] Dischner, who was not a suspect at that point, told Officer Bosquez about how crazy and messed up things were inside and that there was blood everywhere. Dischner indicated that he had been in his room "praying his exorcism prayers" when this happened and then identified Dube as the person "who was bleeding all over him." Id. at 139.
[¶14] As Officer Cole walked upstairs with a flashlight, he observed blood on the walls of the stairway and then more on the walls down the long hallway near the bathroom and kitchen. He cautiously walked to the end of the hallway and stepped over a trash bag before looking around the corner towards room nine. The doorframe to that room had been "knocked straight into the room." Id. at 109. Officer Cole could see Sandlin inside the room lying, unresponsive, on the ground in a large pool of blood. Id.
[¶15] Upon hearing the police activity, Kitts emerged from his room and repeatedly blurted out, "he had a sword" and "he's in apartment four and a bald headed guy." Id. at 116. Kitts had no blood on him, though there was a large pool of blood near the trash bag outside of his doorway. Based on his discussion with Kitts, Officer Cole instructed Officer Bosquez to take Dischner into custody.
[¶16] An extensive forensic investigation of the house ensued, during which Johnson's body was eventually discovered inside a large trash bag in the hallway between rooms eight and nine. Detective Mark Stefanatos, who had nearly thirty years of experience, described the scene inside the house as "the most gruesome" he had ever seen. Id. at 183. Another detective described it similarly: "Like a house of horror. Just blood everywhere." Transcript Vol. 3 at 4.
[¶17] After securing a search warrant, Dischner's room was searched. A large sword with blood stains and hair on it was discovered under Dischner's bed. There were also trash bags like the one containing Johnson's body and a bottle of bleach in the room, as well as wet boots on cardboard by the door in puddles with "a reddish liquid." Transcript Vol. 2 at 226. And there was a handwritten note that included "kill psychic molesters" among an apparent to-do list. Exhibits Vol. 5 at 70.
[¶18] Subsequent forensic testing indicated the presence of DNA from Dischner, Dube, Sandlin, and Johnson on the sword. Similarly, the DNA of all three victims was found in blood swabs taken from Dischner's boots, clothing, and hands. The blood spatters on Dischner's face and/or head were also linked to the victims.
[¶19] On February 11, 2022, the State charged Dischner with two counts of murder and one count each of attempted murder, aggravated battery, and intimidation. Dischner was initially determined to be incompetent to stand trial and then transported to the Logansport State Hospital for competency restoration services. After receiving such services, Dischner was determined to be competent to stand trial. His four-day jury trial commenced on March 4, 2024.
[¶20] Dischner testified on his own behalf at trial. He claimed to have been "listening to exorcism prayers" with headphones when he walked out of his room to go to the bathroom and discovered "a pool of blood with a body lying there." Transcript Vol. 3 at 149. Noting that he had "been a butler before" and wanted to help, Dischner testified that he "decided to clean up." Id. After a while, Dube came upstairs and, according to Dischner, started grabbing and hugging Dischner. After getting away from Dube, Dischner said he returned to cleaning: "I took the sword and I started cleaning it because I didn't want to be the next murder victim, and I put it under my bed. I went back to cleaning, and I cleaned until the police arrived." Id. at 150.
[¶21] On cross-examination, Dischner indicated that he cleaned with "bleach wipes" and put Johnson in a trash bag "to try to stop the blood from flowing everywhere." Id. at 152. He testified that Kitts was in the room with his door shut during the cleaning. Further, Dischner denied injuring any of the victims or owning the murder weapon.
[¶22] The jury found Dischner guilty as charged, and the trial court entered convictions accordingly. At the sentencing hearing on May 9, 2024, however, the trial court vacated the convictions for aggravated battery and intimidation based on double jeopardy concerns. The court sentenced Dischner to consecutive terms of fifty-five years for each murder conviction and thirty years for attempted murder.
[¶23] Dischner now appeals, challenging the sufficiency of the evidence. Additional information will be provided below as needed.
Standard of Review
[¶24] Our applicable standard is well settled:
Sufficiency-of-the-evidence claims trigger a deferential standard of review in which we neither reweigh the evidence nor judge witness credibility, instead reserving those matters to the province of the jury. A conviction is supported by sufficient evidence if there is substantial evidence of probative value supporting each element of the offense such that a reasonable trier of fact could have found the defendant guilty beyond a reasonable doubt. In conducting that review, we consider only the evidence that supports the jury's determination, not evidence that might undermine it.Hancz-Barron v. State, 235 N.E.3d 1237, 1244 (Ind. 2024) (internal quotation marks and citations omitted).
Discussion &Decision
1. The evidence sufficiently establishes that Dischner murdered Johnson and Sandlin.
[¶25] Dischner argues that there was "no proper identification" of him as the individual who killed Johnson and Sandlin. Appellant's Brief at 16. In this regard, he makes several observations: there was no evidence that he had a motive to kill them; Johnson and Sandlin had argued with each other in the past and were intoxicated at the time of death; Sandlin died in Johnson's room, after drinking with Kitts; and Dischner's DNA was not found under Johnson's and Sandlin's fingernails. Dischner also questions the credibility of Kitts's testimony, describing it as "murky at best," and seemingly suggests that Kitts may have killed one or both of the men. Id. at 17. Finally, Dischner points to his own testimony, which he claims explains why he had blood from all three victims on his own body, and his actions of greeting the police on their arrival.
[¶26] We reject Dischner's improper requests for us to reweigh the evidence and judge witness credibility. Kitts clearly testified that he opened his door and saw Dischner stabbing Sandlin and then, after closing the door, heard Johnson exclaim, "Oh, God he's killin' me!" Transcript Vol. 3 at 67. Thereafter, Kitts heard the struggle between Dube and Dischner, during which Dube was yelling, "please stop" and "please don't kill me." Id. at 59.
[¶27] Aside from Kitts's testimony, there is ample other evidence of Dischner's guilt. Dube witnessed Dischner wiping off the sword's blade just before Dischner saw and then attacked Dube with the same sword that was used to kill Johnson and Sandlin. Further, DNA testing established that blood from each victim was found on the sword and on Dischner's boots, clothing, hands, and head. And after the murders, Dischner, by his own admission, hid the sword under his bed, placed Johnson's body in a trash bag, and started to clean up in the hallway before the police arrived.
Kitts, on the other hand, had no blood on him or inside of his room, except on the threshold of his door, which can be explained by the proximity of the stabbing that he witnessed upon opening his door.
[¶28] While it is unclear why Dischner attacked Sandlin and then Johnson with a sword, motive is not an element of murder. See Sallee v. State, 51 N.E.3d 130, 134 (Ind. 2016) ("The Sate is not required to prove motive.").
[¶29] The evidence overwhelmingly establishes that Dischner was the person who violently attacked Sandlin and Johnson before turning on Dube. Accordingly, his sufficiency argument regarding his identity as the murderer is without merit.
2. The evidence sufficiently establishes that Dischner attempted to murder Dube.
[¶30] Regarding his conviction for attempted murder, Dischner's argument is extremely brief. He simply argues that the State failed to prove that he had the specific intent to kill Dube, with whom his past interactions had otherwise been pleasant and to whom Dischner said nothing while striking him with the sword.
[¶31] While Dischner does not cite us to relevant caselaw, "it is well settled that a conviction for attempted murder requires proof of more than a 'knowing' mens rea; it instead requires proof of specific intent to kill." Miller v. State, 106 N.E.3d 1067, 1073 (Ind.Ct.App. 2018), trans. denied; see also Rosales v. State, 23 N.E.3d 8, 11-12 (Ind. 2015) (discussing the heightened mens rea showing needed to establish attempted murder). Equally well settled is that "specific intent to kill may be inferred from the use of a deadly weapon in a manner likely to cause death or great bodily harm." Miller, 106 N.E.3d at 1073.
[¶32] Here, as Dube fled down the steps, Dischner struck him with a large sword, lopping off a chunk of Dube's scalp and causing a deep laceration to Dube's upper back, near his neck. He then continued to chase Dube and struggled with him at the front door. Dube desperately held onto the blade with one hand and tried to open the door with the other, all while Dischner tried to gouge out one of Dube's eyes. On these facts, the jury could infer that Dischner had the specific intent to kill Dube. Indeed, it is difficult to imagine what other intent Dischner could have had when swinging the sword and striking Dube across the skull, especially considering that Dischner had just violently attacked two others with the sword.
[¶33] Judgment affirmed.
Vaidik, J. and Crone, Sr.J., concur.