DOB: 07-24-1966 DOC#: 13157 Black Male

Marion County Superior Court
Judge Thomas E. Alsip

Prosecutor: David E. Cook

Defense: Arnold P. Baratz

Date of Murder: October 21, 1983

Victim(s): Michael Pack B/M/19 (No relationship to Patton)

Method of Murder: shooting with shotgun

Summary: Patton and Leroy Johnson discussed plans to commit a robbery. They drank some beer, armed themselves with shotguns, and went to Washington Park in Indianapolis. Patton approached the driver's side of a parked car, while Johnson went to the passenger side. Patton shot out the driver side window and ordered the driver, Michael Pack, out. Instead, Pack attempted to start the car. Johnson shot out the rear tire, and Pattons second shot killed Pack. D.M. and her young daughter remained inside the car. Patton took D.M. to a wooded area and raped her while Johnson went through her pockets for money. Patton admitted that he knowingly killed Pack at the guilty plea hearing, but at the sentencing hearing denied that he knew anyone was in the car.

Conviction: Pled Guilty to Murder, Rape (A Felony)

Sentencing: July 20, 1984 (Death Sentence)

Aggravating Circumstances: b (1) Rape

Mitigating Circumstances: None

Direct Appeal:
Patton v. State, 517 N.E.2d 374 (Ind. December 30, 1987)
Conviction Reversed 5-0 DP Vacated 5-0
(Patton's equivocation and later refusal at Plea/Sentencing Hearing to admit he "knowingly" killed requires setting aside guilty plea)
Shepard Opinion; Debruler, Givan, Dickson, Pivarnik concur.

Guilty Plea

On Remand:
Voir Dire (03-12-90, 03-13-90, 03-14-90, 03-15-90); Jury Trial (03-15-90, 03-16-90, 03-17-90); Deliberations 1 hour, 46 minutes; Verdict (03-17-90); DP Trial (03-17-90, 03-19-90, 03-20-90, 03-21-90); Deliberations 7 hours, 3 minutes; Verdict (03-21-90); Court Sentencing (04-17-90).

Murder and Rape charges were tried to a jury. Patton was convicted of both and sentenced by Marion County Superior Court Judge Patricia J. Gifford to 60 years for Murder and 30 years for Rape (A Felony), consecutive to the sentences imposed for attempted murder and the other offenses, bringing the total sentence to 222 years.

State ex rel. Patton v. Superior Court, 547 N.E.2d 255 (1989)
(Dispute as to which Division should retry case)

Patton v. State, 588 N.E.2d 494 (Ind. 1992)
(Appeal after remand where jury recommended against DP, Defendant sentenced to 60 years imprisonment; Affirmed)

Patton v. State, 2004 WL 1382456 (Ind. June 22, 2004).
(Appeal after Resentencing and denial of PCR - Guilty Plea to Attempted Murder not “knowing” and set aside; Other convictions and sentences affirmed.)

As of July 1, 2006