Daniel Anthony Lucas was found guilty by a jury on three counts of malice murder, three counts of felony murder, two counts of burglary, and one count of kidnapping with bodily injury.1 The jury found beyond a reasonable doubt that the murder of Bryan Moss was committed while Lucas was engaged in the murder of Kristin Moss, that it was committed while Lucas was engaged in a burglary, that it was committed while Lucas was engaged in a kidnapping with bodily injury, and that it was outrageously or wantonly vile, horrible, or inhuman in that it involved depravity of mind.2 The jury found beyond a reasonable doubt that the murder of Kristin Moss was committed while Lucas was engaged in the murder of Steven Moss and while Lucas was engaged in a burglary.3 The jury found beyond a reasonable doubt that the murder of Steven Moss was committed while Lucas was engaged in the murder of Bryan Moss and while Lucas was engaged in a burglary.4 The jury fixed the sentence for each of the murders at death. For the reasons that follow, we affirm the convictions and sentences in this case.
1. The evidence adduced at trial, which included Lucas’s videotaped confession to investigators and testimony regarding his inculpatory statement to a friend, showed the following. Lucas and Brandon Joseph Rhode burglarized the home of Steven and Gerri Ann Moss twice on April 23, 1998. During the second burglary of the Moss home, eleven-year-old Bryan Moss returned home from school. Lucas and Rhode confronted Bryan and forced him to sit in a chair, and then Lucas fired at Bryan with a .25 caliber handgun, inflicting a non-fatal wound to his upper arm and shoulder. Lucas led Bryan to a bedroom where he shot the boy repeatedly with the .25 caliber handgun. In the meantime, Rhode met fifteen-year-old Kristin Moss as she arrived from school, placed her in a chair, and shot her twice with a .357 caliber handgun. Rhode then shot Steven Moss four times with the .357 caliber handgun as Steven arrived home. Finally, Lucas obtained a .22 caliber handgun from Rhode’s automobile and shot Bryan and Kristin Moss both again. Both Bryan and Kristin as well as their father Steven Moss died as a result of any number of these gun shot wounds inflicted by Lucas.
