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Wrongly Convicted Database Record
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Charge: |
Felony Murder |
Sentence: |
50 years |
Years Imprisoned: |
2.9 |
Year Crime: |
2012 |
Year Convicted: |
2013 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
Indiana |
County or Region of Crime: |
Elkhart |
City of Crime: |
Elkhart |
Result: |
Judicially Exonerated (Not released due to other charges.) |
Summary of Case: |
"Levi Sparks, Blake Layman, and Anthony P. Sharp Jr. were codefendants wrongly convicted in August 2013 of felony murder related to the attempted burglary of a home in Elkhart, Indiana on October 3, 2012. The prosecution's case was based on the argument that the three, who were all juveniles at the time of the crime, were criminally liable under Indiana's the felony murder statute for the death of one of their confederates who was shot to death by the homeowner. After their conviction by a jury Layman and Sharp were sentenced to 55 years in prison, and Sparks to 50 years. On September 18, 2015 the Indiana Supreme Court unanimously reversed the felony murder convictions of Sparks, Layman, and Sharp on the basis the prosecution introduced insufficient evidence to prove beyond a reasonable doubt that any of the three committed felony murder. The Court stated: "By contrast the record here shows that when the group broke and entered the residence of the homeowner intending to commit a theft—a burglary—not only were they unarmed, but also neither the Appellants nor their cohorts engaged in any "dangerously violent and threatening conduct." Jenkins, 726 N.E.2d at 271. There was simply nothing about the Appellants' conduct or the conduct of their cohorts that was "clearly the mediate or immediate cause" of their friend's death. Palmer, 704 N.E.2d at 126. Thus, while the evidence is sufficient to sustain a conviction for the underlying burglary, it is not sufficient to sustain a conviction for felony murder in the perpetration of a burglary. Accordingly, we reverse Layman's and Sparks' [and Sharp's] convictions for felony murder." (Layman v. State, No. No. 20S04-1509-CR-548. (Ind. Sup. Ct. 9-18-2015)). The Court remanded the cases of the three with instructions for verdicts of guilty to be entered against them for burglary -- which they weren't even charged with committing -- and resentenced. The three were sentenced on January 7, 2016 for the burglary: Sparks was sentenced to nine years in prison, and Sharp and Layman were sentenced to ten years in psion. Sparks wa released on January 28, 2016, Sharp is scheduled for release in 2016, and Layman is scheduled for release in May 2018. A fourth defendant, Jose Quiroz, who was 16 at the time of the break-in, pled guilty in November 2012 to felony murder and did not appeal. A fourth defendant, Jose Quiroz, who was 16 at the time of the break-in, pled guilty in November 2012 to felony murder and did not appeal. Quiroz was sentenced in December 2012 to serve 45 years in prison to be followed by 10 years probation. Quiroz testified at the joint trial of Sparks, Layman and Sharp as an uncooperative prosecution witness, and he took the Fifth Amendment to several questions. Since the Indiana Supreme Court has ruled that Quiroz pled guilty to a non-crime, he can be expected to pursue a post-conviction petition to have his guilty plea vacated." |
Conviction Caused By: |
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Innocence Proved By: |
"On September 18, 2015 the Indiana Supreme Court reversed the felony murder convictions of Sparks, Layman, and Sharp and the basis the prosecution introduced insufficient evidence to prove their guilt beyond a reasonable doubt." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
17 |
Age When Released: |
20 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Elkhart Four felony murder convictions overturned by Indiana Supreme Court, By Kristine Guerra (Staff wrtier), Indianapolis Star, September 18, 2015" |
Information Location 1: |
http://www.indystar.com/story/news/crime/2015/09/18/elkhart-four-felony-murder-indiana-supreme-court/72397844/?from=global&sessionKey=&autologin= |
Information Source 2: |
"Blake Layman and Levi Sparks v. The State of Indiana, No. No. 20S04-1509-CR-548. (Ind. Sup. Ct. 9-18-2015) (Reversing felony murder convictions of Layman and Sparks based on insufficient evidence.)" |
Information Location 2: |
"https://scholar.google.com/scholar_case?case=16833001376677909921&q=Levi+Sparks&hl=en&as_sdt=6,48" |
Information Source 3: |
"Levi P. Sparks Jr. v. The State of Indiana, No. 20S04-1509-CR-549 (Ind. Sup. Ct. 9-18-2015) (Reversing felony murder conviction of Sharp based on insufficient evidence.)" |
Information Location 3: |
"https://scholar.google.com/scholar_case?case=2811823875238603821&q=Levi+Sparks+Anthony+Sharp&hl=en&as_sdt=4,15" |
Information Source 4: |
"Teen sentenced for murder testifies in joint trial for three others, By Sharon Hernandez (Staff writer), The Elkhart Truth (Elkhard, Ind.), August 21, 2013" |
Information Location 4: |
http://www.elkharttruth.com/crime-fire-courts/2013/08/21/Teen-sentenced-for-murder-testifies-in-joint-trial-for-three-others.html |
Information Source 5: |
"Indiana Man, 21, Who Was Sentenced to 50 Years in Prison in 'Elkhart 4' Controversial Felony Murder Case, Enjoys Freedom, By Jasmine Brown, Lauren Effron and Sally Hawkins, ABCNews, February 17, 2016" |
Information Location 5: |
http://abcnews.go.com/US/indiana-man-21-sentenced-50-years-prison-elkhart/story?id=33919381 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org