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There was sufficient evidence to support a man’s felony convictions and four-year aggregate prison sentence for obstruction of justice and leaving the scene of an April 2021 accident in Hendricks County, the Court of Appeals of Indiana ruled Friday in affirming a lower court’s decision.
According to court records, on April 5, 2021, 62-year-old George Walsh was riding his motorcycle eastbound on US 40 when 57-year-old Vincent Horns, who was driving a pickup truck, made a left turn from the oncoming westbound lane and “t-boned” Walsh’s motorcycle.
The impact of the crash sent Walsh tumbling onto a grassy area at the side of the road.
Horns approached Walsh and asked him if he was OK.
Walsh, whose leg had been completely severed, told Horns that he was not OK and asked Horns to call 911.
Horns, however, left the scene with Walsh’s leg and foot wedged in the front of his truck and drove to his job at a nearby warehouse.
One of the witnesses had written down the license plate number of Horns’ truck, and Plainfield Police Department officers began looking for the truck.
A Plainfield police officer subsequently located the truck in a nearby warehouse parking lot and noticed blood and human flesh on the front of the truck.
A Plainfield police detective arrived at the warehouse parking lot to assist the officer and noticed a lidded trash can that was located next to an employee entrance to the warehouse.
Inside the trash can, he discovered Walsh’s severed leg and foot.
The foot was still in the black boot that Walsh had been wearing at the time of the accident.
Horns initially denied being involved in the accident with Walsh.
He subsequently acknowledged that he had been involved in the accident, had left the scene and had gone to work.
When a Plainfield police officer asked Horns why he had placed Walsh’s limb in the trash can, Horns “alluded to the fact that he was trying to conceal the crime.”
The state charged Horns with Level 4 felony leaving the scene of an accident and Level 6 felony obstruction of justice. In addition, the state charged Horns with other offenses that it later dismissed.
The jury convicted Horns of Level 6 felony obstruction of justice and Level 6 felony leaving the scene of an accident, a lesser-included offense of Level 4 felony leaving the scene of an accident.
At Horns’ sentencing hearing, the Hendricks Circuit Court reviewed Horns’ presentence investigation report, which revealed that Horns has a 40-year criminal history that includes 21 arrests, resulting in nine felony and two misdemeanor convictions.
Specifically, Horns has four felony convictions for theft, two felony convictions for robbery, one felony conviction for possession of cocaine, one felony conviction for possession of marijuana or hash, and one felony conviction for battery.
In addition, Horns has misdemeanor convictions for driving while suspended and criminal trespass.
The trial court sentenced Horns to two years for each of the two Level 6 felony convictions and ordered the sentences to run consecutively to each other for an aggregate executed sentence of four years in the Indiana Department of Correction.
Horns appealed, arguing that the evidence was insufficient to support his Level 6 felony obstruction of justice conviction and that the four-year aggregate sentence was inappropriate.
The Court of Appeals disagreed with Horns and affirmed the trial court’s decision.
Judge Rudolph Pyle wrote the opinion for the appellate court.
Pyle noted that a Plainfield police detective explained that placing evidence in a trash can serves to distance the subject from the evidence.
According to Pyle, another Plainfield police detective testified that when he asked Horns why he had placed Walsh’s limb in the trash can, Horns alluded to the fact that he was trying to conceal the crime.
“Based on this evidence, the jury could have reasonably inferred that Horns placed Walsh’s limb in the trash can with the intent to prevent the limb from being produced or used as evidence against him. Horns’ argument is essentially an invitation to reweigh the evidence, which we cannot do,” Pyle wrote.
Pyle wrote that Horns was convicted of two Level 6 felonies, with the sentencing range for a Level 6 felony being between six months and two and one-half years, and the advisory sentence is one year.
After being involved in an accident that severed Walsh’s leg, Horns failed to remain at the scene, call 911 or render aid to Walsh, Pyle wrote.
“Rather, in an extraordinary display of coldhearted selfishness, Horn left the scene of the accident with Walsh’s leg and foot attached to the front of Horn’s truck and went to work as if no accident had occurred,” Pyle wrote.
Pyle also pointed out Horns’ extensive criminal history, which includes 21 arrests, resulting in nine felony and two misdemeanor convictions.
“Based on the nature of the offenses and his character, Horns has failed to persuade this Court that his aggregate four-year executed sentence is inappropriate,” Pyle wrote.
Judges Nancy Vaidik and Paul Mathias concurred.
The case is Vincent S. Horns v. State of Indiana, 22A-CR-2813.
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