Webb was crying and hysterical during the ride, asking why there was a bullet in the chamber and saying he did not mean to kill Cherlyn. Shane told Ashley to take Webb to his house and pushed them out the door. Instead, Webb asked him to help him clean up the scene to make it look like it was a robbery or somebody else had broken in the door, kick in the door, trash the place to make it look like somebody else was in there. Shane suggested calling an ambulance, but Webb said that he didn t want an ambulance there, that if an ambulance comes, the police would come, too, and he didn t want to go to jail for murder. Webb hugged him and got emotional like he was crying, but he had no tears. He said he had just shot baby mama, asked why there was a bullet in the chamber, and said he didn t mean to. Shane and Ashley found Webb leaving the bathroom with the gun in his hand. She then heard Ashley screaming, Cherlyn, girl, wake up, wake up. She heard a bang and Webb yelling, Baby, get up, Baby, get up, it will be okay, 3 come on, Cherlyn, wake up, it will be okay. She heard the door fly open, and Cherlyn yelled, Brice, no, Brice, no. Jessica heard Webb banging on the door and demanding to be let into the bathroom. Jessica Hoover was the person Cherlyn was on the phone with at the time of the shooting. Webb passed Ashley and Shane in the living room on his way to the kitchen, then passed them again on his way back to the bathroom. Cherlyn was on her phone talking to a friend. After about a half an hour, they came out of the bathroom laughing and talking. When she did, he helped her to the bathroom. Webb waited for Cherlyn to regain consciousness. Shane took the gun from Ashley and set it down, and things calmed down. Ashley grabbed her gun, pointed it at Webb, and told him that if he hit Cherlyn again she would shoot him.
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Webb broke an arm free and hit Cherlyn in the jaw, which knocked her unconscious. Webb calmed down, but Cherlyn then ran into the kitchen and started hitting Webb while Ashley was still holding him. At one point, Ashley grabbed Webb in a bear hug and pulled him into the kitchen. Ashley and Shane broke the couple apart several times. They yelled and physically fought with one another. Angered by what she found, she slapped him across the face to wake him up.
Cherlyn picked up Webb s phone and checked his call history. 2 When the women returned, Shane was still awake but Webb was sleeping on the couch. So she took the clip and left the unloaded gun at the apartment. Ashley did not want to take the gun with her, but she also did not want the men shooting it at the apartment. Cherlyn and Ashley left to visit a friend. Later, Webb joked around by pointing the unloaded gun at Cherlyn and Ashley and dry firing it. Each of them handled the gun and fired it into the air just outside the apartment. When Ashley first arrived, she showed the group her newly-purchased gun. Through the course of the night, Webb drank most of a big bottle of tequila. One evening, their friends Shane Hillebrand and Ashley Gurrister came over to have dinner, drink, watch movies, and hang out. FACTS AND PROCEDURAL HISTORY In October 2009, Webb and his girlfriend Cherlyn Reyes lived in an apartment in South Bend. Whether the evidence is sufficient to sustain his conviction.
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Whether the trial court abused its discretion by refusing his tendered instruction on negligence. Whether the trial court improperly advised him about how any choice to testify about his own voluntary intoxication would affect his ability to get a jury instruction on reckless homicide. ISSUES Webb raises three issues for our review: I. 71D03-0910-MR-23 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge STATEMENT OF THE CASE After a jury trial, Brice Webb was convicted of murdering his girlfriend. JOSEPH SUPERIOR COURT The Honorable Jerome Frese, Judge Cause No.
SCHARNBERG Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA BRICE L. ZOELLER Attorney General of Indiana KARL M. WRUBLE III South Bend, Indiana GREGORY F. May 21 2014, 6:52 am ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: STANLEY F. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
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