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

[FrostedGlass]

Nothing more on Owen yet but Angulo is still submitting witness lists

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

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

 

[FrostedGlass]

Owen's update:

04/13/2021 = Notice of Exclusion of Confidential Information
Confidential form of Exclusion
Filed By: Owen, Donald R JR
File Stamp: 04/13/2021

04/13/2021 = Witness and/or Exhibit List Filed
Defendant's Witness and Exhibit List filed.
Filed By: Owen, Donald R JR
File Stamp: 04/13/2021

 

[FrostedGlass]

Seems like this is really getting down to the wire; there are only 2 business days left before the trial.

04/14/2021 = Motion In Limine Filed
State's Motion in Limine filed.
Filed By: State of Indiana
File Stamp: 04/13/2021

04/14/2021 = Notice of Exclusion of Confidential Information
OWEN ANGULO AR 5 NOTICE EXHIBITS.pdf
Filed By: State of Indiana
File Stamp: 04/13/2021

04/14/2021 = Administrative Event
State's Motion in Limine set for status conference Apr. 15, 2021 at 1:15 p.m. cj
File Stamp: 04/14/2021

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

04/19/2021 = Jury Trial
Session: 06/15/2020 8:30 AM, Rescheduled
Session: 10/05/2020 8:30 AM, Rescheduled
Session: 04/05/2021 8:30 AM, Rescheduled
Session: 04/19/2021 8:30 AM, Judicial Officer: Christofeno, Michael A

 

[Niner]

Thursday, April 15th:
*Status Conference Hearing (via Webex) (@ 1:15pm 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 3/22/21 reference post #252 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/25/21 Update: Next status conference hearing for counsel only on 4/1/21. 4/1/21 Update: Court on its own motion sets this cause for status conference 4/15/21 at 1:15 p.m. by Webex. 4/12/21: Witness and/or exhibit list filed; notice of exclusion of confidential info filed by Stat & filed by defense. And witness and/or exhibit list-defendant's supplemental list of witnesses filed.
4/14/21: State's Motion in Limine filed. Notice of exclusion of confidential info filed by State re Angulo Notice exhibits. Motion in Limine set for status hearing on 4/15/21.
*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 4/15/21. Trial begins on 4/19/21. Also Hearing on Violation of probation on 4/15/21.

ALSO:

*Status Conference Hearing (re murder & violation of probation) (via Webex) (@ 1:15pm 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 3/24/21 reference post #252 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
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. 3/31/21: Subpoena/Summons filed for SUB Shawn Qualls by State. 4/1/21: Subpoena/Summons filed for SUB Jester by State. 4/1/21 Update: Court on its own motion sets this cause for status conference 4/15/21 at 1:15 p.m. by Webex. 4/9/21: Subpoena/Summons filed: 3 Subs. 4/12/21: Witness and/or exhibit list filed; notice of exclusion of confidential info filed by State. 4/13/21: Defense's Notice of exclusion of confidential info & witness and/or exhibit list filed.
*Mario M. Angulo, Jr. (19/now 20) – Status conference hearing on 4/15/21. Trial to begin on 4/19/21.
*Matthew A.P. Murzynski (24/now 25) – Plead guilty. Sentencing on 5/6/21.

 

[FrostedGlass]

This is the same entry for both of them; except for the names of the accused.

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

04/15/2021 = Automated ENotice Issued to Parties
Administrative Event ---- 4/14/2021 : Elkhart County Probation;Vicki Elaine Becker;Fay Schwartz;Jeffrey Majerek;Victim Assistance

04/16/2021 = Hearing Journal Entry
Cause comes on for status conference. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. Deft in court in person by Webex from the Elkhart County Correctional Facility and by Chief PD Jeffrey A. Majerek, by Webex. Court conducts PTC; Deft sworn for purposes of hearing in PTC and for purposes of the entire trial. Court advises Deft as to the penalty of contempt if the Deft disrupts the court proceedings in any manner. Court reviews with counsel the manner in which objections will be handled at the bench during the trial and counsel for each party accepts the manner in which objections are customarily held. Court explains to counsel that Court will photograph certain exhibits; counsel for each party accepts the Court's explanation as to photographing exhibits for purposes of appeal. By agreement of the parties, a separation order as to witnesses will be entered Monday morning at the start of the trial. By further agreement of the parties, that separation order does not prevent an employee of the Elkhart County Prosecuting Attorney's Office or law enforcement from transporting witnesses so long as the case is not discussed. By agreement of the parties, the Court's appointed expert witnesses, that being Dr. Seltman, Dr. Chism Buggs, and Dr. Parker, may testify remotely during the trial. Court hears arguments on State's Motion to present 404(b) evidence; said Motion is granted. cj Judicial Officer: Christofeno, Michael A
Hearing Date: 04/15/2021

04/19/2021 = Jury Trial
Session: 05/04/2020 8:30 AM, Rescheduled
Session: 10/05/2020 8:30 AM, Rescheduled
Session: 04/19/2021 8:30 AM, Judicial Officer: Christofeno, Michael A

 

[Niner]

Thanks for that update @FrostedGlass

Got an alert - but unfortunately can't access this article.

Trial for murder of Kimberly Dyer to start Monday

 

[FrostedGlass]

Thanks for that update @FrostedGlass

Got an alert - but unfortunately can't access this article.

Trial for murder of Kimberly Dyer to start Monday

I can't either. I'm hoping the South Bend papers are going to be covering it. Maybe they'll tweet about it.
It's going to be an interesting one, that's for sure. I plan to watch as much as possible.

 

[Niner]

I can't either. I'm hoping the South Bend papers are going to be covering it. Maybe they'll tweet about it.
It's going to be an interesting one, that's for sure. I plan to watch as much as possible.

Then you will have to post (for us) on "what" is going on!

 

[FrostedGlass]

Then you will have to post (for us) on "what" is going on!

We'll see what kind of warnings the judge gives to those watching the trial.

 

[FrostedGlass]

Here's a little blurb I found on the public side of a paywall article.

GOSHEN — The attorney for a man accused of participating in a 2019 murder in Elkhart plans to argue that the real killers have not been charged.

Donald Owen Jr., 22, and Mario Angulo Jr., 20, are set to stand trial starting Monday for the torture and murder of Kimberly Dyer in October 2019. A third codefendant, who was implicated in the same incident but not charged with murder, entered a plea agreement last month after a judge initially rejected it.

Trial for murder of Kimberly Dyer to start Monday

 

[FrostedGlass]

This is not behind a paywall. The judge sided with Doyle and will allow that evidence to be introduced.
...
During the hearing, Deputy Prosecuting Attorney Katelyn Doyle sought a ruling on a motion to introduce evidence, under a state trial rule covering a defendant’s character, which at trial would establish a foundation that there was an affiliation or a desire to be affiliated with a gang when the murder occurred.
...
Attorneys Jeffrey Majerek and Thomas Dixon both argued there is no evidence to prove the murder and robbery were gang-related crimes, or that a gang endorsed the violence. Majerek said the incident was more of a personal nature and called it a “stretch” to fit a gang-affiliation argument into the case. Dixon believed introducing the gang activity allegations at trial would be improper.
...
Gang evidence allowed in murder trial next week

 

[Niner]

Monday, April 19th:
*Trial set to begin with Jury Selection (@ 8:30am 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 with jury selection.
Court info from 12/19/19 thru 4/1/21 reference post #264 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/25/21 Update: Next status conference hearing for counsel only on 4/1/21. 4/1/21 Update: Court on its own motion sets this cause for status conference 4/15/21 at 1:15 p.m. by Webex. 4/12/21: Witness and/or exhibit list filed; notice of exclusion of confidential info filed by Stat & filed by defense. And witness and/or exhibit list-defendant's supplemental list of witnesses filed.
4/14/21: State's Motion in Limine filed. Notice of exclusion of confidential info filed by State re Angulo Notice exhibits. Motion in Limine set for status hearing on 4/15/21.
4/15/21 Update: for status conference. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker & DPA Katelan M. Doyle. Defendants in court in person by Webex from the Elkhart County Correctional Facility & by Chief PD Jeffrey A. Majerek, by Webex. Court conducts Pretrial Conf.; Defendants sworn for purposes of hearing in PTC & for purposes of the entire trial. Court advises Defendants as to the penalty of contempt if the Defendants disrupt the court proceedings in any manner. Court reviews with counsel the manner in which objections will be handled at the bench during the trial & counsel for each party accepts the manner in which objections are customarily held. Court explains to counsel that Court will photograph certain exhibits; counsel for each party accepts the Court's explanation as to photographing exhibits for purposes of appeal. By agreement of the parties, a separation order as to witnesses will be entered Monday morning at the start of the trial. By further agreement of the parties, that separation order does not prevent an employee of the Elkhart County Prosecuting Attorney's Office or law enforcement from transporting witnesses so long as the case is not discussed. By agreement of the parties, the Court's appointed expert witnesses, that being Dr. Seltman, Dr. Chism Buggs & Dr. Parker, may testify remotely during the trial. Court hears arguments on State's Motion to present 404(b) evidence; said Motion is granted. Judge Michael Christofeno sided with Doyle and granted the use of the gang evidence under the trial rule for discussing motive, opportunity, intent and preparation. Trial begins on 4/19/21.
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 with jury selection.
Kimberly info & court info from 12/19/19 thru 4/12/21 reference post #264 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/13/21: Defense's Notice of exclusion of confidential info & witness and/or exhibit list filed. Status conference hearing on 4/15/21.
4/15/21 Update: for status conference. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker & DPA Katelan M. Doyle. Defendants in court in person by Webex from the Elkhart County Correctional Facility & by Chief PD Jeffrey A. Majerek, by Webex. Court conducts Pretrial Conf.; Defendants sworn for purposes of hearing in PTC & for purposes of the entire trial. Court advises Defendants as to the penalty of contempt if the Defendants disrupt the court proceedings in any manner. Court reviews with counsel the manner in which objections will be handled at the bench during the trial & counsel for each party accepts the manner in which objections are customarily held. Court explains to counsel that Court will photograph certain exhibits; counsel for each party accepts the Court's explanation as to photographing exhibits for purposes of appeal. By agreement of the parties, a separation order as to witnesses will be entered Monday morning at the start of the trial. By further agreement of the parties, that separation order does not prevent an employee of the Elkhart County Prosecuting Attorney's Office or law enforcement from transporting witnesses so long as the case is not discussed. By agreement of the parties, the Court's appointed expert witnesses, that being Dr. Seltman, Dr. Chism Buggs & Dr. Parker, may testify remotely during the trial. Court hears arguments on State's Motion to present 404(b) evidence; said Motion is granted. Judge Michael Christofeno sided with Doyle & ranted the use of the gang evidence under the trial rule for discussing motive, opportunity, intent & preparation. Tial begins on 4/19/21.
*Matthew A.P. Murzynski (24/now 25) – Plead guilty to counts of aiding, inducing or causing a robbery that resulted in serious bodily injury; and aiding, inducing or causing criminal confinement; along with a criminal gang sentencing enhancement. Sentencing on 5/6/21.

 

[Niner]

@FrostedGlass - going to "assume" trial is going on - jury selection yesterday? Done? I know I'm a few hours ahead of you - so you're probably asleep now!

Tuesday, April 20th:
*Trial continues (Day 2) (@ 8:30am 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 began on 4/19/21 with jury selection.
Court info from 12/19/19 thru 4/15/21 reference post #272 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
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 began on 4/19/21 with jury selection.
Kimberly info & court info from 12/19/19 thru 4/12/21 reference post #264 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/19/21 Monday, Day 1 of Jury Selection: No info available yet. Trial continues on 4/20/21.
*Matthew A.P. Murzynski (24/now 25) – Plead guilty to counts of aiding, inducing or causing a robbery that resulted in serious bodily injury; and aiding, inducing or causing criminal confinement; along with a criminal gang sentencing enhancement. Sentencing on 5/6/21.

 

[FrostedGlass]

Jury selection began yesterday but I don't know if it's done. The judge shut the live feed down towards the end. It was a very long day for everyone.

 

[FrostedGlass]

I did a quick search to see if any media is reporting on this trial but haven't found any yet. Both sides gave their opening statement.

 

[Niner]

Thanks for the updates - I have not found ANYTHING over here - just older articles...

 

[FrostedGlass]

Thanks for the updates - I have not found ANYTHING over here - just older articles...

I'll look again tonight. As much as they covered it in the beginning, it's unlikely that they won't cover the trial. Two weeks is the estimated length. The first witness was called (LE) and they finally broke for lunch at 1:10 pm.

 

[Niner]

I'll look again tonight. As much as they covered it in the beginning, it's unlikely that they won't cover the trial. Two weeks is the estimated length. The first witness was called (LE) and they finally broke for lunch at 1:10 pm.

You probably don't have the names & their occupation of the witnesses?
I've looked again - but unfortunately, nothing coming up over here....

 

[FrostedGlass]

You probably don't have the names & their occupation of the witnesses?
I've looked again - but unfortunately, nothing coming up over here....

No, other than the detectives, LE, I think most of the others are people involved with drugs.

 

[Niner]

Wednesday, April 21st:
*Trial continues (Day 3) (@ 8:30am 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 began on 4/19/21 with jury selection & trial began on 4/20/21.
Court info from 12/19/19 thru 4/15/21 reference post #272 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
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 began on 4/19/21 with jury selection & trial began on 4/20/21.
Kimberly info & court info from 12/19/19 thru 4/12/21 reference post #264 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/19/21 Monday, Day 1 of Jury Selection: Jury has been selected. Trial continues on 4/20/21.
4/20/21 Tuesday Day 2 of trial: Opening statements by both sides. State witnesses: Detectives and LE. No other info available. Trial continues on 4/21/21.