Laddie Ann Denise Drake, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2025)

MEMORANDUM DECISION

[1] Laddie Ann Denise Drake (“Drake”) appeals her conviction for murder and claims the evidence is insufficient to sustain her conviction. We affirm.

Facts and Procedural History

[2] Drake is the sister of Jasmine Drake (“Jasmine”), and Jasmine was married to Todd Gosha. On August 13, 2022, Gosha looked at Jasmine's phone, accused her of talking to other men and grabbed her, causing her to slip and fall on the bathroom floor. Drake learned about Jasmine's argument with Gosha. Drake asked Jasmine if she wanted her to “blow” Gosha, which meant to “kill him.” Transcript Volume II at 139. Drake seemed “[r]eally mad.” Transcript Volume III at 146. Drake sent messages to Crystal Sullivan stating, “My sister husband,” “He grabbed my baby sis ․ and I'm not going for the bs,” and “He must be crazy as the f--- and imma show him my crazy can trump his.” Exhibits Volume V at 93.

[3] Drake was watching Sullivan's children, sixteen-year-old Daiyaan Green and thirteen-year-old J.R., while Sullivan was at work. Drake drove her son, her sister Brittney and her boyfriend, Green, and J.R. in her Dodge Durango to Jasmine's house “to fight” Gosha and entered Jasmine's house. Transcript Volume III at 115. Drake and Gosha yelled at each other. Drake had a gun. Drake tried to have “the kids ․ fight [Gosha].” Transcript Volume II at 202. Drake said “get ‘em or something in that effect,” “the boys ․ charged at [Gosha],” and Gosha picked up a screwdriver to defend himself. Id. at 129. Gosha went outside to the yard and sat in his Honda. Drake, Green, J.R., Drake's son, and Brittney and her boyfriend left Jasmine's house and went to a store, and then Drake drove her son and J.R. to her residence and drove Brittney and her boyfriend home.

[4] Thereafter, Drake drove Green back to Jasmine's house in her Durango. Gosha was sitting in his Honda in Jasmine's yard and was on a phone call with Jasmine who was inside. Drake parked her Durango down the street, handed Green a loaded gun, and told him that she wanted him to “smoke” Gosha. Transcript Volume IV at 14. While Drake stayed in the Durango, Green exited the vehicle, “hid[ ] in the shadow,” walked up to Gosha in his vehicle, and shot him three times. Transcript Volume IV at 19. Jasmine heard Gosha on the phone say “something about these little ni---s” and then heard two or three gunshots. Transcript Volume II at 141. Jasmine “kept saying hello” and “didn't get a response back.” Id. Green ran back to the Durango. Jasmine found Gosha and called 911. Gosha died from his gunshot wounds.

[5] During their investigation, police found three spent shell casings in the area of Gosha's vehicle, each of which “were head stamped with CBC nine millimeter Luger.” Id. at 94. They also found a prescription pill bottle on the street with Drake's name on it. Police executed a search warrant of Drake's residence and found Drake and Green in a bedroom “laying in the same bed together.” Id. at 51. They found live cartridges in Drake's Durango containing the same stamp as the spent casings found at the scene of the shooting. In a police interview, Green admitted to shooting Gosha and stated that Drake drove him to the scene, gave him the loaded gun, and stayed in the vehicle while he shot Gosha. Green entered into a plea agreement pursuant to which he agreed to plead guilty to conspiracy to commit murder as a level 1 felony and to testify truthfully in a trial of any co-defendant.

[6] The State charged Drake with murder and conspiracy to commit murder as a level 1 felony. The court held a jury trial. The jury heard testimony from, among others, Jasmine, Brittney, J.R., and Green. The court admitted recordings taken from surveillance cameras and Green's police interview. During his testimony at trial, when questioned by the prosecutor, Green did not “remember” many of the facts. Transcript Volume III at 222-223, 228-230. He indicated that he did not remember telling police that Drake told him to fight Gosha and that was the purpose of going to the house. The prosecutor stated, “[t]ell me how you go [ ] from Brittney's house, as you sit here today how do you remember getting from going to Brittney's house to killing [Gosha],” and Green replied “I don't know” and “I forgot how I got there, but I got there. I might've drove.” Id. at 230. When asked, “[d]o you [ ] remember telling in your interview ․ that [Drake] gave you the gun,” Green stated “[p]robably did say that.” Id. at 250. When asked whether, after dropping off Brittney and her boyfriend, he and Drake were “in the vehicle alone together,” Green answered, “Nah, I was in the car” and “[s]he wasn't wit[h] me.” Transcript Volume IV at 12. He testified, “when it was just me in the car, I said I went over there and, [ ] I used the gun. I killed folk.” Id. The prosecutor referred to Green's deposition, and Green acknowledged that during his deposition he stated that Drake wanted him to “smoke” Gosha and that, when he was asked “did she then ask you to do that for her,” he responded “[y]eah.” Id. at 14. He further acknowledged that he had indicated in his deposition that Drake handed him a gun, that Drake was driving, and that he was in the car. Green testified that he fired multiple shots at Gosha and that he purchased the gun “off the street.” Id. at 17. He acknowledged that he stated in his deposition that he received the gun from Drake and that the gun was loaded when she gave it to him. He also acknowledged that he stated in his deposition that Drake waited in the Durango while he shot Gosha. The jury found Drake guilty as charged.

Discussion

[7] Drake asserts that her convictions must be reversed based on the incredible dubiosity rule. She argues that Green was the sole testifying witness linking her to Gosha's murder, that his testimony was equivocal, inherently contradictory and the result of coercion, and that the State presented no probative circumstantial evidence.

[8] When reviewing claims of insufficiency of the evidence, we do not reweigh the evidence or judge the credibility of witnesses. Jordan v. State, 656 N.E.2d 816, 817 (Ind. 1995), reh'g denied. We look to the evidence and the reasonable inferences therefrom that support the verdict. Id. The conviction will be affirmed if there exists evidence of probative value from which a reasonable jury could find the defendant guilty beyond a reasonable doubt. Id.

[9] The incredible dubiosity rule applies only in very narrow circumstances. Love v. State, 761 N.E.2d 806, 810 (Ind. 2002). The rule is expressed as follows:

If a sole witness presents inherently improbable testimony and there is a complete lack of circumstantial evidence, a defendant's conviction may be reversed. This is appropriate only where the court has confronted inherently improbable testimony or coerced, equivocal, wholly uncorroborated testimony of incredible dubiosity. Application of this rule is rare and the standard to be applied is whether the testimony is so incredibly dubious or inherently improbable that no reasonable person could believe it.

Id. (citations omitted). “[W]hile incredible dubiosity provides a standard that is ‘not impossible’ to meet, it is a ‘difficult standard to meet, [and] one that requires great ambiguity and inconsistency in the evidence.’ ” Moore v. State, 27 N.E.3d 749, 756 (Ind. 2015) (quoting Edwards v. State, 753 N.E.2d 618, 622 (Ind. 2001)).

[10] Drake fails to show that Green's testimony was inherently contradictory or so inherently improbable that no reasonable person could believe it. Multiple witnesses testified regarding Drake's statements and actions leading up to the shooting. The jury heard testimony from Jasmine, Brittney, J.R., and Green, as well as investigating officers, and the court admitted the electronic messages sent by Drake to Sullivan, a video recording taken from inside Jasmine's house showing interactions of the persons inside, and a video recording taken from a camera outside her house showing the shooting. Jasmine testified that, after learning that Gosha grabbed her, Drake asked whether she wanted her to kill him. Drake sent messages to Sullivan stating “[h]e must be crazy as the f--- and imma show him my crazy can trump his.” Exhibits Volume V at 93. J.R. testified that Drake drove him as well as her son and Green to Jasmine's home “[t]o fight” Gosha. Transcript Volume III at 115. Jasmine, Brittney, and J.R. testified regarding Drake encouraging an altercation between “the boys” and Gosha and Gosha using a screwdriver to defend himself. Transcript Volume II at 129. Jasmine and Brittney testified that Drake had a gun inside Jasmine's house. J.R. testified that, when Drake dropped him and her son off at her house, Green stayed in the Durango with Drake, Brittney, and her boyfriend. In his police interview, Green indicated that Drake drove him to the scene, gave him the loaded gun, and stayed in the vehicle while he shot Gosha. The jury heard Green's testimony, the prosecutor questioned Green regarding the differences between his testimony at trial and his statements during his deposition, and the jury heard Green's explanations. The State also presented evidence that live cartridges found in Drake's Durango contained the same stamp as the spent casings found at the scene of the shooting.

[11] The jury was able to consider any inconsistencies between Green's testimony at trial and his prior statements and the other evidence and determine which statements were credible. To the extent there was any conflict between the various witnesses’ testimony, this is an issue of witness credibility, and we do not assess witness credibility or reweigh the evidence. See Jordan, 656 N.E.2d at 817. The witnesses, including Green, were thoroughly examined and cross-examined regarding their observations and recollections of the events leading to the shooting. Based upon our review of the evidence as set forth above and in the record, we conclude the State presented evidence of a probative nature from which the jury could find beyond a reasonable doubt that Drake committed the charged offenses.

[12] For the foregoing reasons, we affirm Drake's convictions.

[13] Affirmed.

Brown, Judge.

Felix, J., and Scheele, J., concur.