Diano Gordon is one of the men charged with murder. For those who question if the perpetrators would let themselves be seen walking around the neighborhood, this gives some insight. Diano Gordon's conviction on the felony escape charge was upheld, btw.
Diano Gordon vs. State of Indiana
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Reuben B. Hill, Judge
The Honorable Teresa Hall, Commissioner
Cause No. 49F18-1112-FD-90223
January 24, 2013
OPINION -FOR PUBLICATION
Facts and Procedural History
On December 2 8, 2011, at approximately 12:00 p.m., JP (“P”
heard a loud banging sound coming from an adjacent home owned by BS (“S")
When P looked out her window towards S’s home, she saw two men hiding around the corner at the back of S’s home. The men then returned to the back door of S’s home and began kicking the door. Pearce called 911 to report an attempted break-in at her neighbor’s home.
P watched as the men walked away from S’s home and down the driveway. At that point, she got a good look at their faces for several seconds. She then ran outside
to observe which direction they were walking and yelled, “I saw you.” Tr. p. 17. One man replied, “we didn’t do nothing” and the other said “let’s go.”
P got into her vehicle to follow the men, but encountered a responding police officer shortly thereafter. As officers began to search for suspects, the responding officer went to S’s home with P and observed damage to the back door and the window beside the door.
Within an hour, officers obtained information that led them to conclude that Gordon was a suspect in the attempted break-in. A detective asked P to accompany him and participate in a “show up” identification.
The detective transported P to Gordon’s residence where Gordon was standing outside. P immediately identified Gordon as the shorter of the two men that she saw attempting to enter S’s home.
At the time,
Gordon had an electronic monitoring bracelet on his ankle as a condition of home detention. Records from the device established that Gordon left his home at 12:00 p.m. and returned at 12:10 p.m.
Gordon was subsequently charged with Class D felony attempted residential entry and Class D felony escape.
http://www.in.gov/judiciary/opinions/pdf/01241304pdm.pdf