Insurance Fraud is a Violent Crime

Insurance Fraud Results in Murder

Sep 09, 2021

The January 11, 2019 Burglary

On January 12, 2019, the victim, Ben Ward, called 911 to report that his home had been burgled. Police arrived at approximately noon and observed a cut screen in the main bedroom. Ward reported that the intruder stole a television, Xbox, Play Station 4, multiple games for each, a Rolex watch, various other jewelry items, approximately 15 pair of Nike Air Jordan athletic shoes, and $500 cash.

It is undisputed that Ward lied to police. The testimony showed that the break-in occurred on January 11, 2019, and the intruder stole $3,000 cash, a few jars of marijuana, and possibly one pair of Nike Air Jordan athletic shoes. Ward lied to police to conceal the fact that he sold marijuana and to potentially allow him to file a claim on this renter’s insurance.

Murder and Aggravated Burglary of February 3, 2019

Following the presentation of the state’s case, appellant moved for acquittal. The defense then rested. Following deliberations, the jury found appellant guilty of all the charges. On April 13, 2020, appellant was sentenced to life imprisonment without the possibility of parole; this appeal followed with appellant sought reversal based on multiple grounds.

Joinder of the indictments was permissible under Crim.R. 8(A). The two incidents were closely related in time, involved the same individuals, and were similarly executed. Appellant broke into Ward’s house on Broadstone and stole money and marijuana. He left a glove at the scene of the crime and the match was found at his residence. Following the burglary, he was photographed with a large sum of cash, he paid cash for multiple items, though unemployed, and jars of marijuana like the ones stolen were found in his mother’s bedroom. Appellant again broke into Ward’s home later.

Admission and Exclusion of Evidence at Trial

However, as correctly noted by the state, at trial appellant’s counsel stipulated to the admission of the bodycam video. Counsel further exploited the fact that Ward expressed a strong belief that his neighbor, Mike Lowe, had committed the burglary. Accordingly, appellant cannot now claim error that he invited by stipulating to the admission of the evidence.

Where testimony was admitted for the purpose of explaining how the image was produced it is not hearsay.

Weight and Sufficiency of the Evidence

Appellant’s claims on appeal center around his theory that the victim fabricated the January 11 burglary in order to conceal his illegal enterprise and to perpetrate insurance fraud and that the prosecution used this false crime to bolster the evidence relating to the murder charge.

An appellate court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. As to appellant, the charge of aggravated murder required proof that appellant purposely caused the death of another while committing or attempting to commit, or fleeing after committing, aggravated burglary.

Reviewing the evidence presented to the jury the state provided sufficient evidence to support the convictions. A rational trier of fact could conclude that while Ward lied about various details of the burglary, he was honest about the fact that there was a burglary and finding the glove in the back bedroom. Appellant’s DNA found on the glove, as a major contributor, and the matching glove found at his home. Evidence was presented that as to each incident the intruder entered by force with the intent to commit a criminal act.

The jury’s verdicts relative to the February 3, 2019 aggravated burglary and aggravated murder were supported by the weight of the evidence. Appellant’s convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. Judgment affirmed.

ZALMA OPINION

The murder victim accused the burglar who later entered the victim’s house a second time after the victim tried to profit from the burglary, was murdered by the burglar on his second effort. Insurance fraud had nothing to do with the crime of murder but did give the murderer an excuse to claim the crime had nothing to do with the burglary. It was not even a good try. Insurance fraud is a dangerous crime and resulted in the death of the fraudster who made the mistake of accusing the person who perpetrated the crime and who later killed him and will now spend the rest of his life in prison.

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders.

He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business.

He is available at http://www.zalma.com and zalma@zalma.com. Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award. Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ The last two issues of ZIFL are available at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4