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

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This is a new filing for O. Nothing new for the other 2. In fact, the new date for Murz hasn't even been entered into court records yet.

05/10/2021 = Motion Filed
Defendant, by counsel, files Motion for Definitive Statement.
Filed By: Owen, Donald R JR

05/10/2021 = Administrative Event
Court now sets Deft's Motion for Definitive Statement for hearing May 13, 2021 at 8:30 a.m. by Webex. cj

05/13/2021 - Status Conference
Session: 05/13/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Trial Status Conference - Phase II and Deft's Motion for Definitive Statement

05/17/2021 = Hearing
Session: 05/17/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Phase II - LWOP
 
Murz case was finally updated:

05/12/2021 = Hearing Scheduling Activity
Sentencing Hearing scheduled for 06/03/2021 at 8:30 AM.

05/12/2021 = Hearing Journal Entry
Cause comes on for sentencing and on State's Motion to Continue sentencing. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPD Katelan M. Doyle. Deft in court in person by Webex from the Elkhart County Correctional Facility and by DPDs Jack E. Roebel, by Webex and by Christopher J. Petersen, in person. Arguments are heard; Court now grants the State's Motion to Continue the sentencing noting that the Deft has already waived his right to be sentenced within 30 days and also noting that the Deft's sentence is related to an additional ongoing criminal case. Court resets this matter for sentencing June 3, 2021 at 8:30 a.m. by Webex. cj
Judicial Officer: Christofeno, Michael A
Hearing Date: 05/06/2021

06/03/2021 = Sentencing Hearing
Session: 06/03/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
 
These are the same entries for both Owen and Angulo; except for Owen's motion for Definitive Statement.

05/12/2021 = Document Filed
Chronological Case Summary filed.
Filed By: State of Indiana

05/12/2021 = Document Filed
State's Proposed Jury Instruction No. 1 filed.
Filed By: State of Indiana

05/12/2021 = Document Filed
State's Proposed Jury Instruction No. 2 filed.
Filed By: State of Indiana

05/13/2021 = Status Conference
Session: 05/13/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Trial Status Conference - Phase II and Deft's Motion for Definitive Statement

05/17/2021 = Hearing
Session: 05/17/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Phase II - LWOP
 
Thursday, May 13th:
*Trial Status Conference Hearing for both (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart, found stuffed in a trash bin & dumped & covered in a marshy area near Constantine, Michigan) & 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.
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 went thru 4/29/21. Jury deliberated ~2 ½ hours reached a guilty of all counts for both.
Kimberly info & court info from 12/19/19 thru 4/28/21 (Trial 4/19 thru 4/28/21) reference post #303 here:
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/29/21 Thursday Day 9 of trial: Closing arguments. DA’s rebuttal. Jury instructions read. Jury deliberations start @ ~12noon. Verdict @ ~2:30pm – Guilty on all counts for both. DA Becker intends to seek sentences of life in prison without parole against Owen & Angulo based on their affiliation through alleged gang activity. Since life exceeds the maximum of 65 years in prison on a murder charge, separate arguments have to be made to seek the enhanced sentence. Judge Christofeno ordered the jury to reconvene to hear those arguments beginning Monday, May 17.
4/30/21: Both: Court sets Phase II for 5/17/21 @ 8:30am. Court further sets this cause for trial status conference on 5/13/21 @ 8:30am. Court directs counsel to file all mitigators they want included in the preliminary & final instructions for Phase II on or before 5/12/21.
5/10/21: Owen: Motion filed by defendant, by counsel, files motion for definitive statement. Motion will be hearing on 5/13/21 hearing. 5/12/21: State's proposed jury instruction #1 & #2 filed.
*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, in an agreement that sets a total sentence of 60 years. Murzynski was not required to testify at the trial as part of his plea bargain. Sentencing on 6/3/21.
 
Absolutely nothing happened yesterday. I assume yesterday was an important day for the trial because of the need for the definitive statement. Maybe they'll have the conference today. I'll update the schedule later today if there is a change.

This has been entered 11 times:

05/13/2021 = Document Filed
Defendant, by counsel, files Chronological Case Summary.
Filed By: Owen, Donald R JR
File Stamp: 05/13/2021
 
Here's the last update for O

This first one was entered only once on the 13th:
05/13/2021 = Document Filed
Defendant, by counsel, files Chronological Case Summary.
Filed By: Owen, Donald R JR
File Stamp: 05/13/2021

Then, this was entered 10 times:
05/13/2021 = Proposed Jury Instructions
Defendant, by counsel, files Jury Instruction.
Filed By: Owen, Donald R JR

Then these:
05/14/2021 = Document Filed
Chronological Case Summary filed.
Filed By: Owen, Donald R JR

05/14/2021 - Proposed Jury Instructions
Proposed Jury Instruction filed.
Filed By: Owen, Donald R JR

05/15/2021 = Automated ENotice Issued to Parties
Document Filed ---- 5/14/2021 : Elkhart County Probation;Vicki Elaine Becker;Fay Schwartz;Jeffrey Majerek;Victim Assistance

05/17/2021 = Hearing
Session: 05/17/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Phase II - LWOP
 
Monday, May 17th:
*Hearing – Phase II-LWOP (Sentencing) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart, found stuffed in a trash bin & dumped & covered in a marshy area near Constantine, Michigan) & 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.
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. Jury deliberated ~2 ½ hours reached a guilty of all counts for both. Phase II-LWOP begins on 5/17/21.
Kimberly info & court info from 12/19/19 thru 4/30/21 (Trial 4/19 thru 4/29/21) reference post #324 here:
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
5/10/21: Owen: Motion filed by defendant, by counsel, files motion for definitive statement. Motion will be hearing on 5/13/21 hearing. 5/12/21: State's proposed jury instruction #1 & #2 filed. Phase II of sentencing begins on 5/17/21. 5/13/21 Update: Hearing was cancelled. Angulo’s attorney couldn’t make it to hearing. Next Phase II of sentencing on Monday, 5/17/21. 5/13/21: Owen: Document filed by defendant, by counsel: Chronological case summary. Defendant by counsel filed jury instructions. 5/14/21: Chronological case summary filed & proposed jury instructions filed by defendant.
*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, in an agreement that sets a total sentence of 60 years. Murzynski was not required to testify at the trial as part of his plea bargain. Sentencing hearing on 6/3/21.
 
Well - not finding any updated articles on what might have yesterday - maybe @FrostedGlass has better luck than me...

Tuesday, May 18th:
*Phase II-LWOP Hearing (Day 2) (Sentencing) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart, found stuffed in a trash bin & dumped & covered in a marshy area near Constantine, Michigan) & 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.
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. Jury deliberated ~2 ½ hours reached a guilty of all counts for both. Phase II-LWOP began on 5/17/21.
Kimberly info & court info from 12/19/19 thru 5/13/21 (Trial 4/19 thru 4/29/21) reference post #328 here:
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
5/17/21 Monday, Day 1 of Phase II: No info available yet. Phase II continues on 5/18/21.
*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, in an agreement that sets a total sentence of 60 years. Murzynski was not required to testify at the trial as part of his plea bargain. Sentencing hearing on 6/3/21.
 
Jurors to decide on life without parole for duo convicted of murder

Becker brought in O's probation officer, Julie Koets, who talked about his previous conviction. She said he was complying... until he wasn't. Lt. Kyle Dombrowsky, an officer with the South Bend Police, gave an excellent talk about gang tattoos.

Dixon called in several witnesses for Angulo.
 
Note: These entries are regarding the hearing that was scheduled for last week.

Owen
05/18/2021 = Hearing Journal Entry
Cause comes on for Trial Status Conference re: Phase II. State of Indiana in court by DPA Katelan M. Doyle. Deft appears by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz. Court notes that it was advised by security at the jail that Mr. Owen did not wish to participate in this hearing. Accordingly, Mr. Owen was not present for this hearing. Court has discussion off the record relative to Attorney Schwartz's Motion for Clarification; parties agree that no further order of the Court on that motion is required as the aggravators stated by the State to the Court are clear and need no further clarification. Court hears arguments on State's Instruction No. 1 and No. 2. Court declines to enter Deft Owen's proposed instructions 1 through 10 as none of the instructions are pattern instructions and the Court determines that the proposed instructions are already part of the cumulative instructions which the Court will give on Phase II of the trial. cj
Judicial Officer: Christofeno, Michael A
Hearing Date: 05/13/2021

***************************
Angulo
05/18/2021 = Hearing Journal Entry
Cause comes on for Trial Status Conference re: Phase II. State of Indiana in court by DPA Katelan M. Doyle. Deft appears by Thomas M. Dixon, his attorney, by Webex. Court notes that it was advised by security at the jail that Mr. Angulo did not wish to participate in this hearing. Accordingly, Mr. Angulo was not present for this hearing. Court hears arguments on State's Instruction No. 1 and No. 2 and Deft's single proposed instruction. Court takes those matters under advisement and will rule accordingly. cj
Judicial Officer: Christofeno, Michael A
Hearing Date: 05/13/2021
 
Wednesday, May 19th:
*Phase II-LWOP Hearing (Day 3) (Sentencing) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart, found stuffed in a trash bin & dumped & covered in a marshy area near Constantine, Michigan) & 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.
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. Jury deliberated ~2 ½ hours reached a guilty of all counts for both. Phase II-LWOP began on 5/17/21.
Kimberly info & court info from 12/19/19 thru 5/13/21 (Trial 4/19 thru 4/29/21) reference post #329 here:
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
5/17/21 Monday, Day 1 of Phase II: The jury is now tasked with deciding whether to recommend that the men be sent to prison for life, without being eligible for parole. It’s a sentence enhancement levied by prosecutors based on certain aggravating factors. Those include committing the murder while also committing criminal confinement or while engaged in organized criminal activity. It also includes torturing the victim before death. As another aggravating factor, Owen is additionally accused of committing the murder while he was on parole following a conviction in another crime. Jurors have to be convinced that at least one of those aggravating circumstances applies for them to come back with a recommendation for life without parole, Circuit Court Judge Michael Christofeno explained to them.
On Monday jurors heard from Julie Koets, a probation supervisor who related that Owen had stopped charging the battery in his ankle monitor, and Owen’s previous convictions. Lt. Kyle Dombrowsky, an officer with the South Bend Police commented on the possible gang significance of certain tattoos seen on Owen. Jurors also heard from childhood friends of Angulo’s, who remarked on the loyalty & kindness he showed when he was younger. Jorge Mares Jr. said he tried to convince Angulo to leave Elkhart County for his own good.
5/18/21 Tuesday, Day 2 of Phase II: No info available yet. Phase II is expected to continue on 5/19/21.
*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, in an agreement that sets a total sentence of 60 years. Murzynski was not required to testify at the trial as part of his plea bargain. Sentencing hearing on 6/3/21.
 
I quit watching today when the prosecution began its final rebuttal. The jury is currently in deliberation. I'll be very surprised if the jury does not ask for LWOP.

I give this entire trial a vote of no confidence no matter what the jury decides today.

There is absolutely no evidence that Owen participated in the murder. The jailhouse testimony against him was so full of holes that anyone who was paying one iota of attention crossed that one right off the list. O's attorney finally called out the "victim Porter" charge. I wish I could remember her exact words so I can quote her. IMO there were no victims other than Kim.
 
The jury was given a lot to deliberate over the last couple of days. Defense called Dr. Jeffrey Burnett to present O's psychiatric evaluation; he found indications of Bi-polar disorder, PTSD, meth intoxication and an early diagnosis of ADHD. His home life was dysfunctional; parents were doing drugs and alcohol. He went missing for 30 days and they didn't even go looking for him.

They haven't given him any meds or treatment since he's been locked up.
 
Last month was Sexual Assault Awareness Month. This was from the Elkhart County Prosecutor's office. Their website addy is in the screen cap. I don't know if it's still up.

Kim was such a bloody mess that Hope Lowry untied her and took her upstairs to help her clean up. It was during that time that Kim told HL that Porter raped her. She was on her period and her tampon had somehow ended up in a trash box. Some of the people in that house believed her. I think Owen and Murz were both telling the truth when they said they beat his a.. for the rape. Porter even admitted the beating was over the rape accusation.

Becker's answer to that was: 'There was no (DNA) evidence of rape.'

The Rape.jpg
 
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