Date: 10-16-2024

Case Style:

State of Indiana v. Marcus Jermaine Rozier

Case Number: 44C1-2201-F3-1

Judge: William R. Walz, IV

Court: Cirucit Court, LaGrange County, Indiana

Plaintiff's Attorney: LaGrange County Indiana County Prosecuting Attorney

Defendant's Attorney:

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Description:

LaGrange, Indiana resisting law enforcement charge criminal defense lawyer represented the Defendant.

[¶4] On January 14, 2022, LaGrange Police Department Officer Eric Patterson observed Paul Bennet, Jr. get into the back of a minivan being operated by Rozier. Rozier then pulled out onto a street in front of several vehicles in disregard of their right of way. Officer Patterson then observed Rozier operate the vehicle through a stop sign without coming to a stop.

[¶5] Officer Patterson turned on his emergency lights to initiate a traffic stop, but Rozier instead accelerated away. Rozier drove left of center on U.S. Highway 20, causing numerous vehicles to pull off the road to avoid a collision. The pursuit continued for approximately ten miles and approached speeds of about 115 miles per hour.

[¶6] After about ten miles, Rozier's vehicle veered off the side of the road and appeared to hit a ditch or culvert. This caused the vehicle "to go airborne," flip, and roll. Tr. Vol. 2, p. 244. Officer Patterson approached the vehicle on foot and observed Rozier exit the vehicle through a "missing side door" and attempt to flee the scene. Id. However, another officer on the scene released his canine, Dax, with the command for Dax to apprehend Rozier. Rozier, in turn, "laid down" and was detained. Tr. Vol. 3, p. 79. A later blood test revealed that Rozier had amphetamine in his system at the time of the crash.

[¶7] Meanwhile, Bennett had been ejected from the vehicle. He was found deceased about twenty-five feet from where the vehicle came to a rest. In a passenger seat, officers observed April McBride, who confirmed for Officer Patterson that Rozier had operated the vehicle. McBride was severely injured and sustained "eight broken ribs, three shattered ribs," a broken leg, a severe concussion, and internal bleeding. Tr. Vol. 3, p. 116. She later stated that she "died on the operating table" for "three minute[s]," and that she does not know "what a good night's sleep is anymore." Id.

[¶8] The State charged Rozier with Level 3 felony resisting law enforcement (causing death), Level 4 felony causing death when operating a vehicle with a schedule I or II controlled substance in the blood, Level 5 felony resisting law enforcement (causing serious bodily injury), and Level 5 felony causing serious bodily injury when operating a vehicle with a schedule I or II substance in the blood. At Rozier's ensuing jury trial, the State called Detective Nicholas Martin to testify. Detective Martin testified that, after Rozier had been released from the hospital and transported to the LaGrange County Jail, Detective Martin advised Rozier of his Miranda rights and then asked Rozier "how this all unfolded." Id. at 213. Detective Martin testified that Rozier responded that "he was from Atlanta, . . . but any further questioning . . . would need to . . . go through" Rozier's lawyer. Id. Rozier's trial counsel did not object to Detective Martin's testimony.

[¶9] Rozier's theory in defense was that the State could not prove that he was the driver of the vehicle instead of Bennett. Thus, during the State's closing argument, the prosecutor mentioned Rozier's interaction with an officer at the hospital. That interaction occurred prior to officers advising Rozier of his
Miranda rights and involved the officer who informed Rozier of Indiana's implied consent law. In particular, the prosecutor stated as follows:

But what about his words to Trooper Goehring? You heard Trooper Goehring read the implied consent. You learned a little bit about what that is, and what it means, and why it has to be read. And [the trooper] said I have reason to believe that you have operated a vehicle that was involved in a fatal or serious bodily injury crash. I must now . . . offer you the opportunity to submit to a chemical test. Will you take a chemical test? And [Rozier] said yes. Why not set the record straight there? Listen, you got the wrong guy. I don't know why you're coming and trying to take a blood draw for me. I wasn't driving. Why did you come and talk to me? He didn't, he said yes. And Trooper Goehring made it a point . . . to ask him . . . multiple times, Are you sure you want to do this? Are you sure you want to go through with this blood test? I want to make sure I've heard you correctly. Multiple opportunities where [Rozier] . . . could have set the record straight at that very point and say look, you got the wrong person here. This is not me. But he didn't do that. He said, yeah, I'll take a test.

Tr. Vol. 4, pp. 48-49. Rozier's counsel did not object to those statements.

[¶10] The jury found Rozier guilty as charged. After a sentencing hearing, the court found the following aggravating circumstances: the harm, injury, loss, and damages sustained by McBride were significant and greater than the elements necessary to prove the commission of the offenses; Rozier was in a position of authority over the passengers of the vehicle; Rozier's criminal history, including a history of "extremely dangerous [and] erratic driving behavior"; Rozier's lack of remorse; and Rozier's high risk to reoffend. Appellant's App. Vol. 2, p. 210.

The court found that Rozier's imprisonment would result in an undue hardship to Rozier's minor child to be the only mitigating circumstance. The court further ordered Rozier to pay $2,000 in fines, although the court did so without determining Rozier's ability to pay those fees. The court then ordered Rozier to serve an aggregate term of thirty-five years in the Department of Correction.
Rozier v. State, 23A-CR-2506 (Ind. App. Oct 16, 2024)

Outcome: Affirmed in prt, reversed in part, and remanded with instructions.

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