INDIANAPOLIS – Indiana Court of Appeals upheld the  double murder conviction of Kyle DeHart in a unanimous decision on Monday.

In October, DeHart was convicted of two counts of murder in the shooting deaths of Joshua Knisley and Tara Thornburg in February 2015.

Police say DeHart and Brandon Woody, along with Thomas Hursey, went to Tara Thornburg’s house in February 2015.

The plan was for Woody and Hursey to steal Thornburg’s marijuana. During the course of the robbery, Woody shot Knisley and then Thornburg.

Knisley died instantly, but Thornburg lived long enough to go downstairs and tell police what happened to her.

Woody was sentenced to 120 years and DeHart 110 years in prison.

Hursey, who was a key witness for the prosecution, pleaded guilty to two counts of robbery and was sentenced to 20 years behind bars.

DeHart’s appeal challenged four points: insufficient evidence for a conviction, that DeHart should have been given a separate trial from Woody, the court was wrong to admit rap songs performed by Woody and DeHart into evidence, and the evidence of a rap performance by Woody where he performed with a handgun.

The court first addressed the insufficient claim. In the appeal, DeHart’s lawyer took issue with the credibility of Hursey, the only eyewitness who placed DeHart at the scene.

“DeHart harps on Hursey’s initial denial of his and the other culpability, his (Hursey’s) history as a confidential informant, and his possible motives for testifying against his accomplices. The jury was made aware of all that and chose to believe Hursey’s trial testimony,”   Judge Terry Crone wrote in the decision.

DeHart also challenged being tried with Woody. He argued that a separate trial would have allowed for some evidence to not be admitted.  The court ruled DeHart failed to establish that he was prejudiced by a joint trial with Woody.

The third complaint was the admission of rap songs performed by Woody and DeHart. The songs performed included lyrics such as “When that bullet leaves its 9 you gonna be the one deceased” and “No weed, grab weed take it to the death ... Wouldn’t give a (expletive) he pull the (expletive) trigger.”

The state argued during the trial that the rap songs showed Woody’s and DeHart’s propensity for violence.

Defense lawyers argued the songs should have never been admitted in the case.

DeHart argued the rap songs were used to prejudice the jury, and not actual evidence that he was involved in the murders.

The court ruled the trial court abused its discretion in allowing the rap songs, however, it had little impact on the verdict. The court concluded that in light of all the other evidence, such as Hursey’s testimony, the shoe print found near the house, and the pile of burnt clothing  found near DeHart’s residence that “we are satisfied that there is no substantial likelihood that the erroneously admitted evidence contributed to DeHart’s convictions.”

John VanderReyden testified during the original trial he attended a house party  where Woody did a rap with a handgun while loading the gun to the beat of the music. During Woody’s performance, Woody failed to load the gun properly.

The state argued the performance showed Woody’s mishandling of a firearm. Police found shell casings at the murder scene. During the October trial, prosecutors attempted to connect the performance with the shell casing by arguing the fallen shells could have been caused by improper loading of the ammunition. DeHart’s lawyer argued that this should have never been allowed into evidence.

The court ruled DeHart failed to establish the testimony about the rap performance unfairly prejudiced him.

DeHart and Woody are currently incarcerated in the Miami Correctional Facility in Bunker Hill.

Woody also has appealed his case. No decision has been released by the Court of Appeals on Woody yet.