Found Deceased IN - Abby & Libby - The Delphi Murders - #153 *ARREST - Richard Allen*

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I, too, wonder what his habits were regarding his day off (if that day was his day off work), and how usual it might have been (or not) for him to go hiking or walking in that location - either on his day off, or any other time.
Kind of amazing co-workers or neighbors didn’t recognize him.
• off work at time of the offense
• lived 2 miles from the bridge
• had selfies with the suspect sketch in the back ground of the photos .
• audio & video recording .
 
Because he's charged with 35-42-1-1(2) which is felony murder. I don't know why people are saying it's NOT felony murder when it is the literal definition of felony murder. The difference is the intent element.

Under this statute, for (1), you need to prove the mental state of "knowing or intentionally" killing another person.

For (2), there is no intent element. The law states that a person who kills another human being during the commission of the listed felonies is guilty of murder. That's what "felony murder" means.

"Felony murder" is not a separate homicide charge like manslaughter or reckless endangerment. It is murder but it does not require an intentional or knowing mental state.

Again, the point behind this is the state is saying that by engaging in these listed violent felonies, if someone dies, we are going to hold you responsible without having to prove intent. Your conduct by engaging in kidnapping or burglary or arson or child molestation is so egregious, if someone dies, you are as responsible as if you intended it.
Thank you, you explained it in a way I could understand, I have no clue about law! I've had a look at the links about the charges in Indiana that people posted but it's too complicated for me.
 
Because he's charged with 35-42-1-1(2) which is felony murder. I don't know why people are saying it's NOT felony murder when it is the literal definition of felony murder. The difference is the intent element.

Under this statute, for (1), you need to prove the mental state of "knowing or intentionally" killing another person.

For (2), there is no intent element. The law states that a person who kills another human being during the commission of the listed felonies is guilty of murder. That's what "felony murder" means.

"Felony murder" is not a separate homicide charge like manslaughter or reckless endangerment. It is murder but it does not require an intentional or knowing mental state.

Again, the point behind this is the state is saying that by engaging in these listed violent felonies, if someone dies, we are going to hold you responsible without having to prove intent. Your conduct by engaging in kidnapping or burglary or arson or child molestation is so egregious, if someone dies, you are as responsible as if you intended it.
Right, felony murder is murder. But it's usually applied to a different fact pattern than a regular murder charge. It could just be that they chose it because it's easier to prove in this case. But I wouldn't have thought intent would be an issue here, so I am curious.
 
Kind of amazing co-workers or neighbors didn’t recognize him.
• off work at time of the offense
• lived 2 miles from the bridge
• had selfies with the suspect sketch in the back ground of the photos .
• audio & video recording .
It was an unusually mild day in February in northern IndiAna. February is typically below freezing. A lot of people get out and about when you have a warmer day in the dreary winter. I am very curious to hear about his “typical” weekly work schedule too.
 
The entire tape has never been released to the public but there has to be a good reason LE said what they did. If the suspect had intended to show them a wounded animal I suppose his option would be to argue that during trial but he‘d have a very tough time explaining how it came to be the girls were killed after he directed them “down the hill”. JMO

“To have enough presence of mind to activate the video system on her cell phone to record what we believe is criminal behavior about to occur, there is no doubt in our mind that she is a hero.”
I'm super curious about this too because "luring" is a crime in & of itself, so even if the killer didn't have a weapon, it seems like it would still be a crime to draw kids into a space under false pretenses / for the commission of a planned crime. JMO
 
Sooo, what do they have on him? No facts here, just speculation.

His motivation was sexual. That means rape. That means pictures/videos of the posed victims. That means souvenirs like a bra and panties. That gives us options.

1.) DNA … Since it has been over 5 years, something changed. Perhaps a tip caused LE to get a sample. Perhaps one of his relatives wanted to know more about their heritage. Oopsy!

2.) These creeps want to repeat the moment - over and over. They likely put the pictures and videos on a thumb drive in its plastic case and bury it in a dry place. Like the dirt floor of a utility shed. A metal detector or GPR scanner would find it. No bigger than a bottle cap.

3.) Ditto bra and panties. A zip-loc under the insulation in the attic.

4.) What else?
 
Angela Ganote, Fox59 anchor's Twitter post asks if more arrests are coming for the two counts of felony murder.

Snipped quote from attached news article:

"Experts tell FOX59 News that the felony murder statute provides prosecutors with leeway to charge multiple individuals with participation in a murder even if they played only a supporting role."

Screenshot

Opera Snapshot_2022-11-02_155529_twitter.com.png


Source:

ETA: Corresponding news article
Delphi murder suspect held on $20 million bond by: Russ McQuaid Posted: Nov 2, 2022 / 02:22 PM EDT Updated: Nov 2, 2022 / 04:03 PM EDT
 
He could possibly be charged under 4 of the categories there, child molestation, criminal deviate conduct, kidnapping and although we don't know if SA occurred rape.
 
Kind of amazing co-workers or neighbors didn’t recognize him.
• off work at time of the offense
• lived 2 miles from the bridge
• had selfies with the suspect sketch in the back ground of the photos .
• audio & video recording .
Denial. Normalcy bias. Ostrich effect.

And I’m not casting blame on those folks. Even if someone had a passing thought “hey, he looks a bit similar”, I think their mind would immediately rule out an association with something so awful and evil. Neighbors or coworkers probably felt bad for even thinking it for a moment. “He is such a nice guy! Couldn’t be him.” Etc. etc.

jmo
 
He could possibly be charged under 4 of the categories there, child molestation, criminal deviate conduct, kidnapping and although we don't know if SA occurred rape.

Oh for sure, but the point of my post was a different reason postulated by the reporter in her post:

"The felony murder statute provides prosecutors with leeway to charge multiple people with participation in a murder even if they played only a supporting role."
 
Because he's charged with 35-42-1-1(2) which is felony murder. The difference is the intent element.

Under this statute, for (1), you need to prove the mental state of "knowing or intentionally" killing another person.

For (2), there is no intent element. The law states that a person who kills another human being during the commission of the listed felonies is guilty of murder. That's what "felony murder" means.

"Felony murder" is not a separate homicide charge like manslaughter or reckless endangerment. It is murder but it does not require an intentional or knowing mental state.

Again, the point behind this is the state is saying that by engaging in these listed violent felonies, if someone dies, we are going to hold you responsible without having to prove intent. Your conduct by engaging in kidnapping or burglary or arson or child molestation is so egregious, if someone dies, you are as responsible as if you intended it.
Ok, my mistake. I thought the (2) meant 2 counts of murder. :p :p
 
Even BP said the family did not recognize him at CVS and they would have been on the highest alert for this guy. He didn’t look like the monster that he is.

As @MassGuy says in his tagline “The Monsters Aren't The Ones Beneath The Bed.”

jmo
 
He could possibly be charged under 4 of the categories there, child molestation, criminal deviate conduct, kidnapping and although we don't know if SA occurred rape.
Criminal deviant conduct does not apply to this case. It was repealed prior to these crimes.

In any case, I think kidnapping is by far the easiest to prove and is probably what they will go with as the adjacent felony.
 
Hmmmm to answer my own question lol…. first they said $20m bond, then no bond, then back to $20m …
Due to general principle (tho def not a rule) that a right to bail exists except in a “capital offense”… I wonder if the changing approach to bail is indicative of waffling over whether to charge him with subsection (1) vs (2) ? Moo
 
Hmmmm to answer my own question lol…. first they said $20m bond, then no bond, then back to $20m …
Due to general principle (tho def not a rule) that a right to bail exists except in a “capital offense”… I wonder if the changing approach to bail is indicative of waffling over whether to charge him with subsection (1) vs (2) ? Moo
They can both be capital offenses. Kidnapping is an aggravating factor that would lead either charge to be punished by the death penalty.
 
Right, felony murder is murder. But it's usually applied to a different fact pattern than a regular murder charge. It could just be that they chose it because it's easier to prove in this case. But I wouldn't have thought intent would be an issue here, so I am curious.
Me, too. If he intended to traffick them, then I’d guess he wouldn’t have intent to kill them. But with most of the other crimes in the statute like kidnapping and child molestation, I’m not sure how he’d get away with the crime unless he intended to kill them.
 
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