Continuously serving Kosciusko County since 1854
BY RUTH ANNE LIPKA, Times-Union Staff Writer
The fate of Brandon Robinson is now in the hands of the jury, with closing arguments heard this morning in Kosciusko Superior Court III.
Robinson took the stand in his own defense Thursday evening and swore he didn't drink more than three beers the night of June 12, didn't smoke marijuana and never drove more than 60 mph.
He also said that when he said "F-- the stop sign" that it was said in surprise and not in anger.
"I blurted out, 'Oh, f--, the stop sign,'" Robinson said during direct examination by his attorney, Charles A. Davis Jr. "It was right there. I didn't realize we were that close to it. I was totally shocked we were there already."
He also said he didn't see either Aaron Hatfield's car or the stop sign because he was looking at CDs in his lap.
Robinson is on trial in Kosciusko Superior Court III on eight criminal charges in connection with a June 12 triple fatal traffic accident at the intersection of Zimmer and Crystal Lake roads in Warsaw. Killed in that collision were 17-year-old Aaron Hatfield and 12-year-old Tyler Bartley, both of Claypool, and Heather Florey, 16, of Mentone. Tiffany Bartley, 13, of Claypool, and Monica Hatfield, 1, the daughter of Aaron Hatfield and Florey, were critically injured.
Although Robinson has become emotional on occasion throughout the trial, crying and shaking when descriptions of the accident or talk of the deaths came up, he didn't shed a tear while on the stand.
At one point Thursday, while the prosecution was showing the video of the accident scene to the jury, Robinson began to shake and, when the court took a short recess, a nurse was called to tend to Robinson, who appeared to be somewhat catatonic.
Robinson, while out of the presence of the jury, was unresponsive to his parents and the nurse speaking to him for several minutes. He then broke down and cried before agreeing to take a drink of water and walk outside with his mom and dad.
This incident took place about 3:30 p.m., just after the state rested its case with the jury viewing about 100 photographs from the accident and the video of the accident scene.
While the jury watched the video, at least one male and one female juror appeared to be fighting back tears, while another female juror cried silently and dabbed at her eyes with a tissue.
Many of the jurors made faces - some appearing at times sad, concerned, disgusted or simply uncomfortable by what they saw. The spectators in the courtroom were not able to see the video, which was specifically turned for jury consumption only. The tape apparently contained graphic material, including shots of the bodies still in the vehicle.
During Robinson's cross-examination testimony, he became angry with Deputy Prosecutor Dan Nelson because of the "smirk" on Nelson's face and often made comments without waiting for a question. Judge Joe Sutton stopped Nelson and Robinson several times because one often wouldn't let the other speak.
Davis waved his client off or used gestures, such as running his hand across his throat, telling his client to "cut" what he was saying at times when he appeared to be becoming belligerent.
Robinson admitted buying beer the day of the accident, but said he gave the case and one of two 32-ounce bottles to some friends who were going to a concert and had asked him to make the purchase for them since he had a fake I.D.
One of the clerks working at Liquid Assets at the time Robinson came in wasn't convinced Robinson was over age 21 even though he presented identification stating so. Brian Method testified Thursday morning that his co-worker, Lora Flowers, made the sale and he told her to make sure Robinson was carded. Flowers testified Robinson had an out-of state I.D. showing him to be of legal age, so she made the sale.
However, Method also works for Robinson Construction, a business owned in part by Dan Robinson, Brandon's father, and knew the younger Robinson lives locally. Method said he then called the Robinson home and spoke with Dan, asking him how old Brandon was. When the elder Robinson said his son was 18, Method said he told him Brandon had been in Liquid Assets and purchased beer using a fake I.D.
"He (Dan Robinson) was upset and said he appreciated the call and would take care of it," Method said.
A video of Robinson in the business making the purchase also was shown to the jury.
Sometime after making the purchase, Robinson returned home and was confronted by his parents, according to testimony from witnesses in the vehicle with Robinson that night.
However, Robinson testified that he told his parents he made the purchase for friends and hadn't been drinking. He also said he didn't open the 32-ounce bottle until he left his home and headed to Palestine, where he and his friends were going to property owned by the Robinson family.
Before leaving, though, Robinson said, "My mom got in my face right in my bedroom because she was worried I was drinking." He later said, "My mom wouldn't have let me left if I had been drinking."
Despite information from Sgt. Kip Shuter of the Warsaw Police Department that Robinson's truck was traveling between 63 mph and 68 mph when he began to skid (58 mph and 64 mph at the time of impact), and testimony from the three passengers in his truck that he was sometimes driving between 65 mph and 70 mph between Palestine and Warsaw, Robinson was adamant that he never exceeded 60 mph all night.
When questioned by Nelson as to how Shuter, qualified as an expert witness in accident reconstruction, could come up with a higher speed figure than Robinson claims to have been driving, Robinson replied: "It's his opinion. I was driving the truck, thank you ... mine's not an opinion. I had the speedometer in front of me and I never exceeded 60 mph."
Phillip Gagnon, the passenger in Robinson's truck who fled the accident scene, testified Robinson said, "These guys are gonna have to wait" and Gagnon believes he was referring to the other vehicles at the intersection. "I said, 'They're not gonna wait.' ... (then) it was too late (and) we hit 'em."
Gagnon said he then gathered up "a bunch of beer" and someone said "get rid of it and I took it and ran." Previous evidence noted in court indicated Robinson told Gagnon to get rid of the beer, but Gagnon claimed not to know who said it.
Robinson also testified he thought he applied his brakes prior to entering the intersection. Prior testimony showed skid marks from Robinson's tires began 20 feet past the stop bar on the roadway.
Nelson pushed Robinson on the testimony of the passengers in his truck who believed he intentionally ran the stop sign after passing another vehicle prior to the intersection and asked how they all could have misinterpreted Robinson's remarks as anger vs. surprise.
"They were on drugs," Robinson said. "Who the hell knows what they were thinking?"
Gagnon and the other passengers in Robinson's truck, Donald Ditton Jr. and Kathy Gutschow, all admitted smoking marijuana in Robinson's truck that night. Robinson denied joining them, but Gagnon said Robinson did smoke a "joint" with them. Ditton, Gutschow and Gagnon also used LSD that night, testimony revealed.
Robinson did establish a time frame for drinking the 32-ounce beer, though, saying he opened it "shortly after they smoked a "joint" and guess it to be about 7 p.m. then, while en route from Warsaw to Palestine. The accident occurred at 8:28 p.m. on the trip home from Palestine.
Kent and Roxanne Wildman, residents of Zimmer Road and the occupants in the vehicle Robinson passed just before the accident, both testified Thursday Robinson passed them at a high rate of speed. The Wildmans live about one-quarter to one-half mile from the intersection, and had exited their driveway and were halfway between their home and the intersection of Crystal Lake Road when Robinson swerved around them northbound on Zimmer Road.
The Wildmans said they reached the intersection before the dust settled and the vehicles quit moving, just after the impact occurred.
Also testifying for the prosecution Thursday were David Koppenhaver, a forensic chemist with the Indiana State Police Laboratory in Fort Wayne, who confirmed the green leafy substance found in Robinson's truck was marijuana, and Kosciusko County Coroner Larry Ladd, who provided the cause of death of each of the accident victims, as noted on the death certificates.
After the state rested and before the defense began to present its case, Davis made a motion for a directed verdict on the five counts of operating while intoxicated because the state "woefully failed to meet the burden of operating while intoxicated." He cited two court cases in which blood-alcohol content alone was not sufficient to prove the defendant was intoxicated.
Davis said there was "not a prima facie showing of any form of impairment."
Nelson argued the blood test, testimony from Ptl. Joe Stanley of the Warsaw Police Department and evidence of impairment in Robinson's driving from several witnesses were "substantial evidence of the defendant's intoxication."
Sutton denied that defense motion, as well as one to delay the trial to allow for another expert to look at information and testify to the estimated speed of Robinson's vehicle.
The judge did grant a defense motion to add two witnesses to its list who weren't previously named.
Those witnesses, Sara Holder and Douglas Robinson, were the only defense witnesses other than Robinson.
Holder, 17, was one of the concert-goers for whom Robinson bought beer.
Douglas Robinson, Brandon's uncle, and one of the owners of Robinson Construction, testified to being with Brandon during the work day on June 12. He didn't recall specific details from that day, but said he did remember Brandon worked with him that day and didn't have any alcoholic beverages or use any illicit drugs during that time, between 6 a.m. and 4 p.m.
