MEMORANDUM DECISION
Altice, Chief Judge.
Case Summary
[1] Christopher Claerbout (Christopher) was convicted of multiple offenses, including murder, a felony, after the jury found him guilty but mentally ill. While Christopher admits committing the crimes, he argues that the uncontroverted evidence established that he was legally insane at the time and therefore should have been found not guilty by reason of insanity.
[2] We affirm.
Facts and Procedural History
[3] On February 21, 2022, David and Marcia Claerbout (collectively, the Claerbouts) woke up around 7:00 a.m. at their Hamilton County residence and began to get ready for the day. The Claerbouts had been married for nearly forty years and had two sons; their oldest son was forty-two-year-old Christopher.
[4] David left for work at 8:00 a.m., and Marcia remained at home. Christopher lived near his parents and would often visit. Christopher has a history of mental illness that manifested itself several years prior when he threatened to kill his parents. Thereafter, the Claerbouts formed a plan so that Marcia would never be alone with Christopher.
[5] Christopher frequently went on “rants,” and claimed to be employed by the FBI. Transcript Vol. IV at 83. Notwithstanding these episodes, the Claerbouts continued to maintain a relationship with Christopher. While Christopher would not visit his parents during the day, he would have dinner with them and engage in “mild conversation.” Id. at 85.
[6] Shortly after David left for work on February 21, Christopher arrived at the Claerbouts’ residence. He opened the garage door with a programmed code and moved Marcias car from the attached garage with her spare key that he had previously taken from a drawer. Christopher parked Marcias car in the detached garage where David typically parked and backed his own car into the attached garage.
[7] After closing the garage door, Christopher entered the house, walked upstairs, and asked Marcia about her plans for the day. Christopher then approached Marcia and shoved her down the stairs. Marcia “[flew] down” head-first and left a hole in the wall at the bottom of the stairs. Transcript Vol. III at 175, 207, 246, Exhibits 48-54. Christopher then told Marcia that he was arresting her “as a prisoner of war,” and threatened to kill her and David “on the same day.” Transcript Vol. III at 246-47.
[8] Christopher tied up Marcia with an electrical cord, handcuffed her wrists, and gagged her with a black sock. Christopher then told Marcia that he was going to “take her to Guantanamo Bay.” Id. He walked Marcia to his car but then decided to take her back inside because she needed medication for her diabetes and high blood pressure. After re-entering the house, Christopher forced Marcia back to the bottom stair step, became angry, and asked Marcia “if she was ready to die.” Id. at 250.
[9] Throughout the course of the day, Christopher punched Marcia multiple times in the face with brass knuckles and told her to keep her eyes open so “she could see every hit.” Transcript Vol. IV at 3, 9. Christopher repeatedly displayed a knife and ran it across Marcias throat. He also stomped on Marcias bare feet with his boots, kicked her in her “privates” several times, and asked “if she felt it.” Id. at 5.
[10] At approximately 6:00 p.m., when David returned from work, Christopher walked out to the driveway, grabbed David, and stabbed him multiple times in the head, back, and stomach. David also suffered defensive wounds to his hands. Christopher testified that he stabbed David in the “heat of passion,” and commented that “after all these years, I kind of let all my anger out all at once, I guess.” Transcript Vol. VI at 173.
[11] When Christopher was outside with David, Marcia tried to find her phone, but Christopher had taken it. She then ran outside and saw David lying on his back in the driveway with “blood everywhere.” Transcript Vol. III at 151, 189. Marcia loosened her gag and yelled for the neighbors to call the police. One of the neighbors called 911 and freed Marcia from the electrical cord. The neighbor observed that David was bleeding, “partially disemboweled,” and barely breathing with a “slight pulse.” Id. at 151-52. When the first responders arrived, David no longer had a pulse, and it was subsequently determined that he had died from multiple stab wounds.
[12] In the meantime, Christopher had grabbed Marcias purse that contained her credit cards, cell phone, and cash, and took Davids car, driving south on Interstate 65. At some point, Christopher tossed Marcias phone to the side of the road. After the police were unable to locate Christopher when analyzing the “ping data” from his and Marcias cell phones, they worked with OnStar and discovered that Davids vehicle was in Seymour. Transcript Vol. III at 223.
[13] It was determined that Christopher was on the interstate, traveling at 73 mph, and using turn signals appropriately before changing lanes. Once the officers began following Christopher, however, he sped up to 100 mph and began to drive erratically. OnStar eventually disabled the car, causing it to slowly decelerate. Christopher steered the vehicle to the side of the interstate where it came to a slow stop near a tree-lined fence. When the police officers approached the vehicle, no one was inside.
[14] Employing a thermal-imaging drone, the police located Christopher crouching behind a log about 200 yards from the vehicle. Christopher ignored the officers’ requests to surrender, so a K-9 unit was released to accomplish his arrest. Medical personnel treated Christopher at the scene, at which time he provided them with his correct name, social security number, and date of birth. The medics noted no mental health concerns. When Christopher was searched, the police found his drivers license and handcuff keys. Christopher was also in possession of Marcias credit cards, cash, and drivers license. The police found two sets of brass knuckles, a knife with congealed body fluid and tissue and hair, and Marcias wallet and car keys in Davids vehicle. A subsequent search of Christophers vehicle revealed knives, brass knuckles, handcuffs, and masks. The police also tested Christophers blood-stained clothing that revealed the presence of Davids blood.
[15] Marcia was transported to the hospital and underwent several surgeries to repair broken bones in her face and a detached retina. Marcia had sustained multiple bruises to her face, an eye that had swollen shut, bleeding on her arms and wrists, bruising to her legs, and a cut on her foot.
[16] On February 24, 2022, the State charged Christopher with murder, Level 3 felony criminal confinement while armed with a deadly weapon, Level 3 felony criminal confinement, Level 5 felony domestic battery resulting in serious bodily injury, Level 5 felony intimidation, Level 6 felony auto theft, and two counts of Class A misdemeanor theft. Christopher subsequently filed a motion for a competency hearing, and a notice of intent to raise the insanity defense. Following a hearing, the trial court determined that Christopher was competent to stand trial.
[17] At Christophers jury trial that commenced on April 10, 2023, Dr. Stephanie Callaway, a court-appointed psychiatrist, testified that she met with Christopher several times and determined that he satisfied the criteria for delusional disorder—a severe mental disease—that impaired his perceptions at the time of the offenses. Dr. Callaway did not believe that Christopher appreciated the wrongfulness of his conduct when he attacked Marcia because he was detaining her for violating the War Crimes Act. On the other hand, Dr. Callaway believed that Christopher retained the ability to appreciate the wrongfulness of the charges that related to David, and pointed out that he fled the scene, drove for hours, sped away from police, and hid to avoid apprehension, after stabbing David. Christopher told Dr. Callaway that he knew he could “get in trouble for what had happened.” Transcript Vol. VI at 248. In light of those comments, Dr. Callaway believed that Christopher knew that his behavior was wrong and that he would be in trouble for committing the offenses.
[18] Dr. George Parker, the other court-appointed psychiatrist, testified that he met with Christopher on one occasion, reviewed his medical records, spoke with his counsel, and read Christophers interview with police. Dr. Parker agreed with Dr. Callaway that Christopher had a mental disease when he committed the alleged offenses. Dr. Parker determined that Christopher appreciated the wrongfulness of his actions as to all of the charges, and based that opinion on Christophers actions before, during, and after the offenses. Dr. Parker specifically referred to Christophers rearrangement of the vehicles when he arrived at the Claerbouts, closing the garage door to avoid detection, taking Marcias property and cash, and fleeing from the police to avoid capture. Both doctors maintained that an individual could suffer from a severe delusional disorder and still be aware of the wrongfulness of his actions.
[19] Following the presentation of evidence, the jury found Christopher guilty but mentally ill on all counts. He was subsequently sentenced to an aggregate term of 77 years in the Indiana Department of Correction (DOC).
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[20] Christopher now appeals.
Discussion and Decision
[21] Because Christopher admits to committing the alleged offenses, the only issue before us is whether the record supports the jurys determination that Christopher was guilty but mentally ill rather than not guilty by reason of insanity.
[22] A defendant may avoid criminal responsibility by invoking the insanity defense. Myers v. State, 27 N.E.3d 1069, 1075 (Ind. 2015). This defense requires a defendant to prove by a preponderance of the evidence that he suffers from a mental disease or defect, and the mental disease or defect rendered him unable to appreciate the wrongfulness of his conduct at the time of the offense. Ind. Code § 35-41-4-1(b); I.C. § 35-41-3-6(a). Proof of mental illness alone is not enough to prevail on an insanity defense. See Myers, 27 N.E.3d at 1075. Whether a defendant can appreciate the wrongfulness of his conduct is a question for the trier of fact. Thompson v. State, 804 N.E.2d 1146, 1149 (Ind. 2004). The State must prove the offense, including the mens rea, beyond a reasonable doubt but need not disprove insanity. Id.
[23] Here, because the jury found Christopher guilty but mentally ill, he is appealing from a negative judgment, and may prevail only if he demonstrates that “the evidence is without conflict and leads only to the conclusion that the defendant was insane when the crime was committed.” Galloway v. State, 938 N.E.2d 699, 710 (Ind. 2010) (emphasis added). We will only consider the evidence and reasonable inferences that support the jurys rejection of an insanity defense and will not reweigh the evidence. Bigler v. State, 732 N.E.2d 191, 194 (Ind. Ct. App. 2000), trans. denied. When there is evidence, from any source, that supports the inference that the defendant was aware that his actions were wrong, a jurys decision that the defendant was guilty but mentally ill will not be disturbed on appeal. Galloway, 938 N.E.2d at 713. Testimony regarding behavior before, during, and after a crime may be more indicative of actual mental health at the time of the crime than mental exams conducted weeks or months later. Barany v. State, 658 N.E.2d 60, 64 (Ind. 1995).
[24] In this case, Drs. Callaway and Parker agreed that a person suffering from severe delusions may still be able to appreciate the wrongfulness of his actions. And while Dr. Callaway opined that Christopher could only appreciate the wrongfulness of his conduct during the offenses involving David and the vehicle thefts, Dr. Parker determined that Christopher could appreciate the wrongfulness of his actions as to all of the offenses. The doctors’ opinions alone sufficiently support the jurys verdict and defeat Christophers attempt to show that the evidence is without conflict and leads to the sole conclusion that he was insane when he committed the offenses.
[25] Additionally, the evidence of Christophers actions before, during, and after the crime, and his own statements support the jurys verdict. A defendants flight immediately after committing the offenses and other evidence of actions calculated to hide a crime are evidence of consciousness of guilt and may be considered by a jury. See Bellmore v. State, 602 N.E.2d 111, 119 (Ind. 1992). And attempts to avoid arrest demonstrate a defendants guilt. Wilson v. State, 455 N.E.2d 1120, 1123 (Ind. 1983).
[26] Here, the evidence demonstrated that Christopher planned the crimes, attempted to evade detection, took property to further his commission of the offenses, and fled from the police. Christopher had planned to attack the Claerbouts, as he knew their schedules, drove to their house just after David left for work knowing that Marcia would be alone, and had packed knives, brass knuckles, and handcuffs. Christopher also admitted that he killed David because he was angry with him.
[27] When Christopher arrived at the residence, he rearranged the Claerbouts’ vehicles and backed his own car into the attached garage. Once inside, Christopher pushed Marcia down a flight of stairs, and rendered her defenseless by handcuffing her, gagging her, and tying her up with an electrical cord. Christopher taunted Marcia throughout the day, threatened to kill her, and battered her. Christopher also grabbed Marcias cell phone along with her wallet, credit cards, money, and keys.
[28] When David returned to the residence after work, Christopher walked outside and stabbed him to death in the driveway. Immediately thereafter, Christopher took Davids car and Marcias property, threw Marcias cell phone out of the car window, and fled to southern Indiana. Once the police determined Christophers location and began following him, Christopher sped up and drove erratically to avoid apprehension. And after OnStar disabled Davids car, Christopher fled and hid in the woods to avoid detection. He remained hidden and ignored warnings from the police to surrender until the K-9 unit contained him. Christopher acknowledged that when he noticed that the police were following him, he knew that he was going to go to jail for committing the crimes against the Claerbouts.
[29] In sum, while the evidence established that Christopher was experiencing delusions on the date of the offenses, the Drs. concluded that Christopher had the ability to appreciate the wrongfulness of his actions when he committed the offenses. Moreover, the evidence of Christophers actions before, during, and after the crime and his own statements further support the jurys verdict that Christopher was mentally ill but able to distinguish right from wrong. Thus, it was proper for the jury to reject Christophers insanity defense, and we affirm the verdict that Christopher was guilty but mentally ill of the charged offenses.
[30] Judgment affirmed.
FOOTNOTES
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. At sentencing, the trial court merged the confinement in Count III with the confinement in Count II.
Memorandum Decision by Chief Judge Altice
Judges Bradford and Felix concur.
Bradford, J. and Felix, J., concur.