A Porter County jury returned a not guilty verdict in less than two hours Wednesday afternoon following closing arguments in the murder trial of Timothy Sandifer IV, 20, of Gary, who faced two charges in the April 29 shooting death of Darion Anderson in the 5300 block of Aspen Avenue in Portage.
Sandifer, who was not the shooter, was accused of orchestrating a robbery of Anderson through group texts and phone call logs entered as evidence.
The first felony count was aiding, inducing, or causing murder in perpetration of a robbery and the second felony count was aiding, inducing, or causing attempted robbery.
According to witness testimony Sandifer, Anderson, and a number of other young people gathered at the home on Aspen Avenue to drink, smoke marijuana and party. Things went awry after they made a call to have more pot brought in.
“Even though he is not the shooter, the defendant is guilty,” Porter County Chief Deputy Prosecutor Armando Salinas said as he ended the state’s rebuttal just before Porter Superior Court Judge Jeffrey Clymer gave the jurors their instructions. The murder weapon was never recovered and belonged to the shooter, Salinas said.
Prosecutors contend that Sandifer’s messages in a group text in advance of the party show intent to commit robbery. “Robbery is inherently dangerous,” Salinas said. “His conduct in setting up the robbery puts the murder in motion. He’s the coach. He laid out the play for those individuals to follow.”
For his part, defense attorney Scott King portrayed the victim as an unknown entity who only knew one of the other people assembled the night of his death and could have been the one attempting a robbery. “Nobody else knows this guy,” he said of Anderson. “How does he respond or react to taking marijuana or drinking alcohol?”
King said the young man who knew Anderson testified that the victim was “acting weird” and tried to grab his gun, breaking a clip and spilling bullets everywhere. “Everyone in that house was high, principally based on the evidence, from marijuana consumption,” King said. “There is alcohol. They run through the marijuana that they did have, prompting the need for the new marijuana. Everybody is high. Bake that in your cake of deliberation.”
He also pointed out that the state spent a considerable amount of its one hour of closing argument time attacking the testimony of the young man at the party who knew the victim. “Then why did you call him?” he asked. “How can the state of Indiana put him on the witness stand? We didn’t call him.”
Salinas responded by saying, “Keishawn, good or bad, is an integral part of this case,” referring to the witness in question who has the same last name as co-defendant Montrell McLaurin Jr., of Gary. McLaurin Jr. is set for trial on Jan. 6 before Porter Superior Court Judge John Marnocha. He has been charged with murder, murder in perpetration of a robbery, and attempted robbery, as well as a firearm enhancement.
The victim attempting to commit a robbery doesn’t make sense, Salinas said. He was outnumbered, and his closest ally was unarmed according to the testimony of all present, nor did he have a bullet in the chamber of his gun, which was found under his body.
Shelley Jones is a freelance reporter for the Post-Tribune.
