GUILTY IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*

[FrostedGlass]

New entry for Owen; not yet entered into the cases of the other 2:

03/24/2021 = Motion Filed
Defendant, by counsel, files Motion to Shorten Response Time for T.R. 34.
Filed By: Owen, Donald R JR
File Stamp: 03/24/2021

 

[FrostedGlass]

Plea for Murz:

03/24/2021 = Motion to Enter Plea Pursuant to Plea Agreement Filed
Motion to Withdraw Plea of Not Guilty and Enter Plea of Guilty, Plea Agreement, and Disclosure filed.
Filed By: MURZYNSKI, MATTHEW A.P.
File Stamp: 03/24/2021

 

[FrostedGlass]

Plea for Murz; I bolded the parts that I thought might lead to confusion.

03/25/2021 = Judgment
Judicial Officer: Christofeno, Michael A
01. 35-42-5-1(a)(1)/F2: Robbery Resulting in Serious Bodily Injury - Injury to someone other than a def
• Plea by Agreement
02. 35-42-3-3(a)&(b)(3)(B)/F3: Criminal Confinement
• Plea by Agreement
03. 35-42-3-3(a)&(b)(3)(B)/F3: Criminal Confinement
• Plea by Agreement

03/25/2021 = Judgment
Judicial Officer:Christofeno, Michael A
01. 35-42-5-1(a)(1)/F2: Robbery Resulting in Serious Bodily Injury - Injury to someone other than a def
• Plea by Agreement
02. 35-42-3-3(a)&(b)(3)(B)/F3: Criminal Confinement
• Plea by Agreement

03/25/2021 = Judgment
Judicial Officer:Christofeno, Michael A
03. 35-42-3-3(a)&(b)(3)(B)/F3: Criminal Confinement
• Dismissed

03/25/2021 = Judgment
Judicial Officer:Christofeno, Michael A
04. 35-50-2-15/NC: Commit Felony While Member Of/At Direction Of Criminal Gang Enhancement
• Plea by Agreement

03/26/2021 = Automated ENotice Issued to Parties
Administrative Event ---- 3/25/2021 : Elkhart County Probation Department;Vicki Elaine Becker;Christopher John Petersen;Jack Edward Roebel;Victim Assistance

03/26/2021 = Hearing Journal Entry
Cause comes on for status conference and further proceedings. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. Defendant in court in person from the Elkhart County Correctional Facility and by DPD Jack E. Roebel, both by Webex and by DPD Christopher J. Petersen, in person. Deft attempts to withdraw his not guilty plea and enter a plea of guilty pursuant to a plea agreement and disclosure form. Court declines to accept the plea as a result of the Deft's failure to make a factual basis. Court resets status conference to Apr. 1, 2021 at 2:00 p.m. with counsel only to appear in person. cj
Judicial Officer:Christofeno, Michael A
Hearing Date: 03/25/2021

03/26/2021 = Hearing Journal Entry
Cause comes on for further proceedings. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. Defendant in court in person from the Elkhart County Correctional Facility and by DPD Jack E. Roebel, both by Webex and by DPD Christopher J. Petersen, in person. cj
Hearing Date: 03/25/2021

03/26/2021 = Order Granting Mot. to Enter Plea Pursuant to Plea Agreement
Deft advised of the privilege against compulsory self-incrimination, right to trial by jury, and the right to confront one's accusers. Guilty of Count I, Aiding, Inducing, or Causing Robbery Resulting in Serious Bodily Injury, a Level 2 Felony, Count II, Aiding, Inducing, or Causing Criminal Confinement, a Level 3 Felony, and Page 2 Criminal Gang Sentence Enhancement; PSI ordered; cause set for sentencing May 6, 2021 at 8:30 a.m. by Webex. Court vacates Deft's jury trial scheduled to commence Apr. 19, 2021. Court further vacates status conference scheduled for Apr. 1, 2021. cj
Order Signed: 03/25/2021

03/26/2021 = Order Issued
Judgment of Conviction entered. cj
Order Signed: 03/25/2021

03/26/2021 = Hearing Scheduling Activity
Jury Trial scheduled for 04/19/2021 at 8:30 AM was cancelled. Reason: Agreed Resolution.

04/19/2021 = CANCELED Jury Trial
Reason: Agreed Resolution
Session: 05/04/2020 8:30 AM, Rescheduled
Session: 10/05/2020 8:30 AM, Rescheduled
Session: 04/19/2021 8:30 AM, Cancelled

 

[Niner]

Oh wow - some changes here, eh?!! So Murz pled guilty. Probably will testify against the other 2, since he had no murder charges against him. GOOD!

Justice for Kimberly!!

and @FrostedGlass - everything went good on my 2nd surgery! I'm still alive & well!

 

[Niner]

Oh - it's still a go on the trials for Owens & Angulo on 4/19/21 or has that not been updated yet?

 

[FrostedGlass]

Oh wow - some changes here, eh?!! So Murz pled guilty. Probably will testify against the other 2, since he had no murder charges against him. GOOD!

Justice for Kimberly!!

and @FrostedGlass - everything went good on my 2nd surgery! I'm still alive & well!

I'm so glad your surgery went well; you sound like you're feeling pretty perky!

I don't know about testifying against other gang members; that could probably get pretty dicey for him in the many years ahead. The trial date for the other two is the same.

 

[Niner]

Oh - it looks like the Judge denied Murz' guilty plea!

Judge denies guilty plea from co-defendant in murder trial

March 26, 2021

An Elkhart County judge denied a guilty plea from one of three co-defendants scheduled to go to trial next month in robbery and murder case.

Court records show Matthew Murzynski was prepared to plead guilty to robbery and criminal confinement with a criminal gang enhancement yesterday, but the court did not accept the plea because of Murzynski’s failure to make a factual basis.

He is accused of robbing and injuring 32-year-old Robert Porter of Sturgis in October.

 

[Niner]

Any other court dates from the last one I have was 3/25/21? TIA!

 

[FrostedGlass]

Oh - it looks like the Judge denied Murz' guilty plea!

Judge denies guilty plea from co-defendant in murder trial

March 26, 2021

An Elkhart County judge denied a guilty plea from one of three co-defendants scheduled to go to trial next month in robbery and murder case.

Court records show Matthew Murzynski was prepared to plead guilty to robbery and criminal confinement with a criminal gang enhancement yesterday, but the court did not accept the plea because of Murzynski’s failure to make a factual basis.

He is accused of robbing and injuring 32-year-old Robert Porter of Sturgis in October.

See my post above where I bolded the text... the judge did later accept the plea and will sentence him on May 6. There is a status conference on April 1 but that's just for Owen and Angulo attorneys.

04/01/2021 = Status Conference
Session: 04/01/2021 2:00 PM, Judicial Officer: Christofeno, Michael A
Comment: Counsel Only

 

[Niner]

@FrostedGlass - Ah! I see it now.... sorry about that. I must have read it, but it didn't register.... my mind is/was slow yesterday...

And I did move Murz to May 6th!

Thanks!

 

[FrostedGlass]

New entry for Owen; nothing new for the other two:

03/30/2021 = Order Issued
Court's Order on Defendant's Production of Expert Report entered. cj
Order Signed: 03/30/2021

 

[Niner]

Thursday, April 1st:
*Status Conference Hearing (via Webex) (@ 2pm CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - For *Mario M. Angulo, Jr. (19/now 20) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21.
Court info from 12/19/19 thru 3/11/21 reference post #235 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/18/21 Update: Next status hearing on 3/25/21. 3/19/21: State's Motion for Evidence Rule 404(B) Disclosure filed. State's request for search warrant. State's Notice of Exclusion of confidential info filed. 3/22/21: Order: Granting request for search warrant.
3/25/21 Update: Next status conference hearing for counsel only on 4/1/21.
*Matthew A.P. Murzynski (24/now 25) – Plead guilty. Sentencing on 5/6/21.
*Donald R. Owen, Jr. (20/now 22) – Status conference hearing on 4/1/21. Trial begins on 4/19/21. Also Hearing on Violation of probation on 4/1/21.

ALSO:
*Status Conference Hearing (re murder & violation of probation) (via Webex) (@ 2pm CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - for *Donald R. Owen, Jr. (20/now 22) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial set to begin on 4/19/21.
Kimberly info & court info from 12/19/19 thru 3/11/21 reference post #235 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/18/21 Update: Next status hearing on 3/25/21. 3/19/21: State's Motion for Evidence Rule 404(B) Disclosure filed. State's request for search warrant. State's Notice of Exclusion of confidential info filed. 3/22/21: Order: Granting request for search warrant. 3/24/21: Defense Motion to shorten repsonse time for T.R. 34. 3/25/21 Update: Next status conference hearing for counsel only on 4/1/21. 3/30/21: Court's order on defendant's production of expert report entered.
*Mario M. Angulo, Jr. (19/now 20) – Status conference hearing on 4/1/21. Trial to begin on 4/19/21.
*Matthew A.P. Murzynski (24/now 25) – Plead guilty. Sentencing on 5/6/21.

 

[FrostedGlass]

New entry; the conference today and the trial remain the same. So far, this is not entered into Angulo's case.

03/31/2021 = Subpoena/Summons Filed
SUB Shawn Qualls
Filed By: State of Indiana
File Stamp: 03/31/2021

 

[FrostedGlass]

And another one; just on Owen's case:

04/01/2021 = Subpoena/Summons Filed
SUB JESTER
Filed By: State of Indiana
File Stamp: 04/01/2021

 

[Niner]

@FrostedGlass - just me - checking in to see if there might be a hearing before trial!

TIA!

 

[FrostedGlass]

Nothing else scheduled yet. The judge did not live stream the last status conference.

 

[FrostedGlass]

This is new for Owen and Angulo. I wonder if it's standard procedure or if something came up in the atty conf. Just for clarity: I copied the new entry from Angulo's record...Thomas Dixon is his attorney. Owen's record states: Deft in court by DPD Fay Schwartz.

04/06/2021 = Administrative Event
Court on its own motion sets this cause for status conference Apr. 15, 2021 at 1:15 p.m. by Webex. cj
File Stamp: 04/06/2021

04/06/2021 = Hearing Scheduling Activity
Status Conference scheduled for 04/15/2021 at 1:15 PM.

04/07/2021 = Automated ENotice Issued to Parties
Administrative Event ---- 4/6/2021 : Elkhart County Probation Department;Vicki Elaine Becker;Thomas Martin Dixon;Victim Assistance Hearing Scheduling Activity ---- 4/6/2021 : Elkhart County Probation Department;Vicki Elaine Becker;Thomas Martin Dixon;Victim Assistance

04/15/2021 = Status Conference
Session: 04/15/2021 1:15 PM, Judicial Officer: Christofeno, Michael A

 

[FrostedGlass]

New entry for Owen; other dates remain the same:

04/09/2021 = Subpoena/Summons Filed
OWEN 3 SUBS for stamp seal retun.pdf
Filed By: State of Indiana
File Stamp: 04/09/2021

 

[Niner]

Bumping for you @FrostedGlass . I know they have a hearing on 4/15 - trial is supposed to start 4/19. Just wondering if trial still a go - but then we might find that out on the 15th....

 

[FrostedGlass]

I'll check back later; they may be in the process of inputting the updates.

Owen:
04/12/2021 = Witness and/or Exhibit List Filed
State's List of Witnessnes and Exhibits filed.
Filed By: State of Indiana
File Stamp: 04/09/2021

04/12/2021 = Notice of Exclusion of Confidential Information
Exhibit & Witness List - Form 9-G1
Filed By: State of Indiana
File Stamp: 04/09/2021

Angulo:
04/12/2021 = Witness and/or Exhibit List Filed
State's List of Witnesses and Exhibits filed.
Filed By: State of Indiana
File Stamp: 04/09/2021

04/12/2021 = Notice of Exclusion of Confidential Information
ANGULO ACR5 NOTICE.pdf
Filed By: State of Indiana
File Stamp: 04/09/2021

04/12/2021 = Witness and/or Exhibit List Filed
Defendant's List of Exhibits and Witnesses filed.
Filed By: ANGULO, MARIO M. JR
File Stamp: 04/10/2021

04/12/2021 = Notice of Exclusion of Confidential Information
Defendant's Notice of Exclusion of Confidential Information filed.
Filed By: ANGULO, MARIO M. JR
File Stamp: 04/10/2021