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

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Wednesday, May 19th:
*Phase II-LWOP Hearing (Day 4) (Sentencing)-VERDICT REACHED! (@ 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 & ended on 5/19/21.
Kimberly info & court info from 12/19/19 thru 5/13/21 (Trial 4/19 thru 4/29/21) & Phase II 5/17/21 (Day 1) reference post #333 here:
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
5/18/21 Tuesday, Day 2 of Phase II: No info available. Phase II is expected to continue on 5/19/21.
5/19/21 Wednesday, Day 3 of Phase II: State rested. Defense called Dr. Jeffrey Burnett to present Owen's psychiatric evaluation. He found indications of Bi-polar disorder, PTSD, meth intoxication & an early diagnosis of ADHD. No idea if they called other witnesses. Defense rests. Prosecutor does final rebuttal. Jury started deliberations.
The verdict: Life for Donald Owen, prison time for Mario Angulo. Angulo will receive a sentence of up to 127 years in prison but will be able to earn credit time.

*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.
 
The verdict:
Life for Donald Owen, prison time for Mario Angulo. Angulo will receive a sentence of up to 127 years in prison but will be able to earn credit time.

Jury recommends life sentence for Owen, prison time for Angulo
I wanted to bring this link forward. I'm glad to see the jury was not convinced that O participated in the torture. He was excluded from every item that was tested.

From the article:
Circuit Court Judge Michael Christofeno set Owen’s sentencing for June 10 and Angulo’s for June 24.
They (the jury) were asked this week to decide whether three aggravating factors had applied for both men: that the murder was committed while also committing criminal confinement, that Owen and Angulo had engaged in organized criminal activity and that they had tortured Dyer before her death. A fourth aggravator applied only to Owen, that he committed the crime while on parole.
Jurors found that the state had proven each aggravator beyond a reasonable doubt with one exception: They were not convinced that Owen participated in the torture.
 
Oh - I thought they were sentenced at the last Phase II hearing. I guess not, eh? Thanks for posting those dates. Any idea what time for each? TIA! :)
 
Phase II was all about the LWOP charge and convincing the jury that they should ask the judge to hand that verdict down. It's now up to the judge to decide what to do. I think it's highly likely he'll go with it.

Their cases haven't been updated yet.
 
Update for Owen

05/24/2021
Hearing Scheduling Activity
Sentencing Hearing scheduled for 06/10/2021 at 8:30 AM.

05/24/2021
Hearing Journal Entry
Phase II- Day one. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. State's designated representative, Lt. Michael Carich, appears. Deft, Mario M. Angulo, Jr., in court in person and by Thomas M. Dixon, his attorney, Attorney Dixon's paralegal, Kamy, also appears. Deft, Donald R. Owen, Jr., in court in person and by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz. Court makes record on Phase II Preliminary Instructions. Jury is brought to open court; Phase II Preliminary Instructions are read to the jury. State makes opening statement; Deft Angulo makes opening statement; Deft Owen makes opening statement. State commences presentation of its case-in-chief for Phase II; testimony and exhibits are admitted into evidence. During the State's presentation of evidence in chief, a record is made with respect to Deft Owen electing not to participate in Phase II of his trial. State rests for Phase II. Deft Angulo commences presentation of his case for Phase II; trial recessed for the evening and will resume on May 18, 2021. Jury admonished. cj
Judicial Officer:
Christofeno, Michael A

Hearing Date:
05/17/2021
05/24/2021
Preliminary Instructions Filed
Phase II Preliminary Instructions filed. cj

File Stamp:
05/17/2021
05/24/2021
Hearing Journal Entry
Phase II- Day two. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. State's designated representative, Lt. Michael Carich, appears. Deft, Mario M. Angulo, Jr., in court in person and by Thomas M. Dixon, his attorney, Attorney Dixon's paralegal, Kamy, also appears. Deft, Donald R. Owen, Jr., in court by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz (Deft Owen absent record made.) Jury is brought to open court; Deft Angulo continues presentation of his case for Phase II and rests. Deft Owen commences presentation of his case for Phase II; trial recessed for the evening and will resume on May 19, 2021. Jury admonished. cj
Judicial Officer:
Christofeno, Michael A

Hearing Date:
05/18/2021
05/24/2021
Hearing Journal Entry
Phase III - Day three. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. State's designated representative, Lt. Michael Carich, appears. Deft, Mario M. Angulo, Jr., in court in person and by Thomas M. Dixon, his attorney, Attorney Dixon's paralegal, Kamy, also appears. Deft, Donald R. Owen, Jr., in court by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz (Deft Owen absent record made.) Record is made on Phase II Final Instructions. Jury is brought to open court; Deft Owen rests. State of Indiana by DPA Katelan M. Doyle, makes State's final argument; Deft Angulo makes final argument; Deft Owen makes final argument; State of Indiana by Prosecuting Attorney Vicki Elaine Becker makes final rebuttal argument. Court reads Phase II Final Instructions. Jury retires to deliberate. cj
Judicial Officer:
Christofeno, Michael A

Hearing Date:
05/19/2021
05/24/2021
Final Instructions Filed
Phase II Final Instructions filed. cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM I A: We, the Jury, find that the State of Indiana has proven beyond a reasonable doubt the charged aggravating circumstance that: The Defendant committed the murder by aiding, inducing, or causing the intentional killing of the victim while committing or attempting to commit criminal confinement (I.C. 35-42-3-3). cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM II A: We, the Jury, find that the State of Indiana has proven beyond a reasonable doubt the charged aggravating circumstance that: The Defendant committed the murder by aiding, inducing, or causing the intentional killing of the victim while committing or attempting to commit criminal organization activity (I.C. 35-45-9-3). cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM III B: We, the Jury, find that the State of Indiana has not proven beyond a reasonable doubt the charged aggravating circumstances that: The Defendant burned, mutilated, or tortured the victim while the victim was still alive. VERDICT FORM IV A: We, the Jury, find that the State of Indiana has proven beyond a reasonable doubt the charged aggravating circumstance that: The Defendant was under the custody of a county sheriff at the time the murder was committed. cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM V: We, the jury, find that the charged aggravating circumstance(s) that exist outweigh any mitigating circumstances herein. cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM RECOMMENDING A SENTENCE: We, the jury, recommend a sentence of life imprisonment without parole for Defendant, Donald R. Owen, Jr. cj

File Stamp:
05/19/2021
05/24/2021
Order Issued
Phase II Court accepts the verdicts from the jury and enters judgment on the verdicts and enters Judgment of Conviction on the recommendation of Life Imprisonment Without Parole. cj
Judicial Officer:
Christofeno, Michael A

Order Signed:
05/19/2021
05/24/2021
Administrative Event
PSI ordered; Court sets sentencing for June 10, 2021 at 8:30 a.m. Bond, if any revoked. Deft remanded to the custody of the Elkhart County Sheriff. Jury thanked and released. cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM IV: We, the jury find that the State of Indiana has proven beyond a reasonable doubt the charged aggravating circumstance that: The Defendant was under the custody of a county sheriff at the time the murder was committed. cj

File Stamp:
05/19/2021
06/10/2021
Sentencing Hearing
Session:
06/10/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
 
Update for Angulo

05/24/2021
Hearing Scheduling Activity
Sentencing Hearing scheduled for 06/24/2021 at 8:30 AM.

05/24/2021
Hearing Journal Entry
Phase II- Day one. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. State's designated representative, Lt. Michael Carich, appears. Deft, Mario M. Angulo, Jr., in court in person and by Thomas M. Dixon, his attorney, Attorney Dixon's paralegal, Kamy, also appears. Deft, Donald R. Owen, Jr., in court in person and by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz. Court makes record on Phase II Preliminary Instructions. Jury is brought to open court; Phase II Preliminary Instructions are read to the jury. State makes opening statement; Deft Angulo makes opening statement; Deft Owen makes opening statement. State commences presentation of its case-in-chief for Phase II; testimony and exhibits are admitted into evidence. During the State's presentation of evidence in chief, a record is made with respect to Deft Owen electing not to participate in Phase II of his trial. State rests for Phase II. Deft Angulo commences presentation of his case for Phase II; trial recessed for the evening and will resume on May 18, 2021. Jury admonished. cj
Judicial Officer:
Christofeno, Michael A

Hearing Date:
05/17/2021
05/24/2021
Preliminary Instructions Filed
Phase II Preliminary Instructions filed. cj

File Stamp:
05/17/2021
05/24/2021
Hearing Journal Entry
Phase II- Day two. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. State's designated representative, Lt. Michael Carich, appears. Deft, Mario M. Angulo, Jr., in court in person and by Thomas M. Dixon, his attorney, Attorney Dixon's paralegal, Kamy, also appears. Deft, Donald R. Owen, Jr., in court by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz (Deft Owen absent record made.) Jury is brought to open court; Deft Angulo continues presentation of his case for Phase II and rests. Deft Owen commences presentation of his case for Phase II; trial recessed for the evening and will resume on May 19, 2021. Jury admonished.
Judicial Officer:
Christofeno, Michael A

Hearing Date:
05/18/2021
05/24/2021
Hearing Journal Entry
Phase III - Day three. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. State's designated representative, Lt. Michael Carich, appears. Deft, Mario M. Angulo, Jr., in court in person and by Thomas M. Dixon, his attorney, Attorney Dixon's paralegal, Kamy, also appears. Deft, Donald R. Owen, Jr., in court by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz (Deft Owen absent record made.) Record is made on Phase II Final Instructions. Jury is brought to open court; Deft Owen rests. State of Indiana by DPA Katelan M. Doyle, makes State's final argument; Deft Angulo makes final argument; Deft Owen makes final argument; State of Indiana by Prosecuting Attorney Vicki Elaine Becker makes final rebuttal argument. Court reads Phase II Final Instructions. Jury retires to deliberate. cj
Judicial Officer:
Christofeno, Michael A

Hearing Date:
05/19/2021
05/24/2021
Final Instructions Filed
Phase II Final Instructions filed. cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM I A: We, the Jury, find that the State of Indiana has proven beyond a reasonable doubt the charged aggravating circumstance that: The Defendant committed the murder by aiding, inducing, or causing the intentional killing of the victim while committing or attempting to commit criminal confinement (I.C. 35-42-3-3). cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM II A: We, the Jury, find that the State of Indiana has proven beyond a reasonable doubt the charged aggravating circumstance that: The Defendant committed the murder by aiding, inducing, or causing the intentional killing of the victim while committing or attempting to commit criminal organization activity (I.C. 35-45-9-3). cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM III A: We, the Jury, find that the State of Indiana has proven beyond a reasonable doubt the charged aggravating circumstance that: The Defendant burned, mutilated, or tortured the victim while the victim was still alive. cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM IV: We, the jury, find that the charged aggravating circumstance(s) that exist outweigh any mitigating circumstances herein. cj

File Stamp:
05/19/2021
05/24/2021
Jury Verdict Filed
VERDICT FORM RECOMMENDING A SENTENCE: We, the Jury, recommend a sentence of a term of years for Defendant, Mario M. Angulo, Jr. cj

File Stamp:
05/19/2021
05/24/2021
Order Issued
Phase II Court accepts the verdicts from the jury and enters judgment on the verdicts and enters Judgment of Conviction on the recommendation of a term of years as sentencing. cj
Judicial Officer:
Christofeno, Michael A

Order Signed:
05/19/2021
05/24/2021
Administrative Event
PSI ordered; Court sets sentencing for June 24, 2021 at 8:30 a.m. Deft remanded to the custody of the Elkhart County Sheriff. Jury thanked and released. cj

File Stamp:
05/19/2021
06/24/2021
Sentencing Hearing
Session:
06/24/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
 
Here are the final dates. I hope Kim's family and friends find some peace. This was a truly horrible case.

06/03/2021 = Sentencing Hearing for Murz
06/10/2021 = Sentencing Hearing for Owen
06/24/2021 = Sentencing Hearing for Angulo

In the meantime, I'll be adding some thoughts and info. Anyone who wants to join me is welcome. There are a number of reasons I said I voted "no confindence" in this case and I'll try to lay them out in some orderly fashion.

I'm linking to the Helen Sailor murder case, where Andrew Royer's 2005 murder conviction was overturned in April. I've always believed in the judicial system and was sure he was guilty. I was astounded to read about what was done to him and his co-defendant. The Sailor murder happened in Elkhart, like this case.

So, now that I watched every day of this trial, I see many similarities and those give me doubts about the verdicts. I've always said I'd probably let a murderer go free before I'd send an innocent man to prison... I'm not saying they are innocent; I'm just not solidly convinced they are guilty of all the counts.

CONVICTION OVERTURNED - IN - Helen Sailor Murdered in Elkhart, 11/29/2002 *Guilty*
 
I purchased a subscription to the newspaper I've posted info from. If anyone requires links or whatever, let me know. They are behind a paywall.

I have some 'what if's' that pop up whenever I think of Murz. He felt that the State threatened him into taking the plea instead of going with a jury trial. I had to wonder what the State got out of it that was so necessary to their case. He was refusing to say the crime was gang-related and that's why the judge first refused to accept his plea. The others in the house also stated the murder was all about the snitch book and not gangs.

So it was apparent to me that the State got what they wanted from him. That makes me wonder how much they 'led' him into saying other things that he didn't want to.

Then, there's the issue of him waving his rights to a speedy sentencing. When the courts run behind, they say something to the effect of 'This is the soonest we can get a date; will you wave your right to being sentenced within 30 days?' His plea agreement was signed on 3/25 and on 4/26, his sentencing hearing was scheduled for 5/06. I think most people would think that they waived their right only until the new date. But that's not the case; once you waive your right, the State is not bound to the new date.

The pre-sentence investigation report was filed on 5/3; on 5/4 the State filed a motion to continue. On 5/6 (day of sentencing) the motion was heard and on 5/12 the sentencing was reset to 6/3. The State's reasoning was the jury did not know that Murz was a co-defendant and wanted to hold off on his sentencing until after the trial was over.

Becker had to have known what the jury was informed of and, besides, they already had given a verdict on Phase I on 4/30. Whatever reason she had, she wanted it to go on record. I'm thinking something in that report that was the real reason for wanting the continuance.

I've never seen a pre-sentence investigation report so I have no idea of what all can be in one.
 
It was part of Murz plea deal that he not be called to testify. However, he was called in to see if he would be available to testify. The attys asked him questions, which he answered and he told them he would reply exactly the same way before the jury.

He claimed that he left before Dyer was killed so he didn’t see what happened. He denied that Owen ordered Dyer down to the basement or commanded anyone to kill her, or that he saw Angulo injure her. He also said no one ever admitted to him that they killed Dyer.

All the attys decided against calling him to testify in front of the jury. The judge earlier voiced concern about his testimony causing a mistrial. I think they were afraid he would rat out Porter.
 
Thursday, June 3rd:
*Sentencing Hearing (@ 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 *Matthew A.P. Murzynski (24/now 25) arrested & charged (12/19/19) with robbery resulting in serious bodily injury, 2 counts of criminal confinement & current felony while member of/at direction of criminal gang enhancement (one related to Dyer; the other to an unrelated case). $5M bond.
*Charged (5/4/20) with domestic battery by means of a deadly weapon.
*Charged with driving while suspended, knowing violation & prior conviction w/in 10 years.
Trial was set to begin on 4/19/21 & Bench trial for driving while suspended on 4/19/21 were cancelled with guilty plea on 3/25/21.
Court info from 12/19/19 thru 5/3/21 reference post #326 here:
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*

5/4/21: Motion for continuance filed by State. Motion to continue set for hearing on 5/6/21 @ 8:30am & sentencing hearing. 5/6/21 Update: Deputy Prosecuting Attorney Katelyn Doyle sought the delay, arguing in a motion that Angulo & Owen's trial should be resolved first. She pointed out information that wasn't used at trial may come up during Murzynski's sentencing, & that the jury wasn't told of Murzynski's plea. The filing cited concerns jurors could be unintentionally exposed to the information before the hearing on the 17th. Judge Michael Christofeno approved the motion & reset Murzynski's sentencing hearing to June 3.
*Donald R. Owen, Jr. (20/now 22) - Trial began on 4/19/21 & ended 4/29/21 with guilty on all counts. Phase II: Sentencing hearing on 6/10/21.
*Mario M. Angulo, Jr. (19/now 20) – Trial began on 4/19/21 & ended 4/29/21 with guilty on all counts. Phase II: Sentencing hearing on 6/24/21.
 
Murz is done. There were no surprises with his sentence since the judge had already accepted his plea. His attorney did ask for him to be housed separately from Owen and Angulo for his safety. Total years sentenced is 60.

Kim's mom, aunt and best friend gave victim impact statements. Her mom also read 2 from Kim's 2 daughters. Sad...
 
In Indiana, a person must do 3 days prison time to get 1 day of good time credit. He'll be pretty old when he gets out. The world will have changed so much, it's hard for me to imagine what it will be like for them to be set free in old age.
 
I'm not sure how satisfied I am with Murz sentence. His story story of taking Porter home after the beating because 'he didn't need to be seeing what was going on down there' never rang true to me. I thought they were strangers to each other... until the trial.
Add to that, it came out in the trial Porter didn't go to the hospital or even see a doctor for his "serious injuries" that he sustained from the beating.

I was surprised by the judge's remarks that I quoted above. In the beginning, I thought Murz probably didn't participate in the murder; but as testimony went on, my opinion on that changed. Dixon tried really hard to get a testimony entered but it just didn't work out. Had he succeeded, that may have changed things big time.

That Murz remark about why he took Porter home was additionally ridiculous in light of Porter admitting to helping strangle Kim. Although he claimed he was coerced. For now, I'm giving careful consideration to the idea that Murz and Porter took the torture to the point of no return and that's when they left the property. IMO, Porter was no victim of a robbery; he was beaten for the rape of poor, bloody Kim. And then they humiliated him and took his 'stuff'.

Porter claimed his chance to survive the night was to help Angulo strangle Dyer with a garden hose. And he did, claiming he pulled on one end of the hose back while Angulo pulled the other end.

AIMEE AMBROSE THE GOSHEN NEWS Apr 22, 2021
Witness recounts brutal events leading up to woman's death
 
The State would have us believe that their witnesses testified because it was the right thing to do. I kind of doubt that. I have never seen such a thing as Porter's case entries after his depo; I wonder if he asked for money on that last one. :D
(shortened for space and easier reading)
Indiana Supreme Court public access case search - MyCase
44C01-2101-F6-000014:

02/25/2021 = Warrant Status Information filed on 2/25/21 showing warrant served on 2/24/21.

03/11/2021 = Motion for Public Defender Filed, Inmate Request
03/15/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
03/17/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
03/19/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
04/13/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
04/15/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
04/20/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
04/20/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form.
04/21/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
04/21/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
04/23/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form
04/26/2021 = Correspondence to/from Court Filed, Defendant, pro se, files 3 Inmate Request Forms.

04/28/2021 = Order to Release on Own Recognizance

04/28/2021 = Correspondence to/from Court Filed, Defendant, pro se, files Inmate Request Form

05/06/2021 = First Class Mail Returned
USPS returned showing service on Robert Porter not perfected. Marked not deliverable as addressed.

05/24/2021 = Pretrial Conference
Result: Commenced and concluded
05/24/2021 = Failure to Appear

06/14/2021 = Pretrial Conference
Session: 06/14/2021 1:30 PM, Judicial Officer: Walz, William R, IV
Comment: Bond Compliance

07/20/2021 = Jury Trial
Session:07/20/2021 8:30 AM, Judicial Officer: Walz, William R, IV
 
So many of these cases wouldn't be happening if it weren't for drugs. While I believe people are responsible for their own actions, IMO the lowest of the low are those who introduce young kids to drugs and crime. Kids ought to know better but sometimes they just screw up. NOTE to parents: Never give a really bad man access to your children.

One of the State's star witnesses goes to trial tomorrow (hopefully) on an F2 drug dealing charge. Meth, weed and paraphernalia
Jose Lopez 20C01-2007-F2-000012
Plus cases:
20C01-0409-FA-00136
20C01-2006-F3-000018
20C01-1911-F4-000073

You can see by the dates, his criminal history dates back. He has a lengthy rap sheet.

His probable cause lists him as a "serious violent felon in possession of a firearm"
20D01-1911-MC-003877 This PC is for the F4 case on Nov 6, 2019.
 
Lopez blatantly lied under oath. He said he was really worried about Kim and went to the police with his concerns. Dixon nailed him, saying 'you mean the police came to you, don't you?' He denied that. So Dixon reminded him that he was arrested on Nov 6 in the parking lot of OO Golf Club and that was the reason he brought up Kim.

Then, he denied setting up Mario's arrest with the FBI. And continued to deny it until Dixon read to him the particulars of that arrest. He then admitted he did it. He and Kim were friends and he could have gotten her out of there but didn't.

There's a good chance that he was supplying the bunch with meth. The State led him to tell the jury how sorry he was that he didn't do more to save Kim; too bad she didn't ask him about all the other lives he's totally destroyed. People like him really need to pay for what they've done.
 
Due to court congestion, a lot of the cases were bumped out. Jose's next hearing will be in Sept with his jury trial in Oct.
 
Owen gets sentenced tomorrow. I expect the judge to go along with LWOP; hopefully, he will send him somewhere that can help him with his mental health issues.

Bingaman was one of the jail inmates who testified against him. I thought O's attorney did a good job of discrediting him; his story was so off-kilter that I'm not sure why the State even brought him in.

The psychologist talked about O's PTSD and what might have brought it on. He talked about a friend who was killed in front of him when O was just 14. No names were mentioned but I'm pretty sure it was this guy:

PROSECUTING ATTORNEY: POLICE ACTION SHOOTING OF JAIME BENAVIDEZ WAS REASONABLE USE OF FORCE - Press Release #562 | Elkhart County Prosecutors Office

That shooting was just a really bad deal all the way around. JB was open carrying, which is legal in Indiana, but there had been a lot break-ins during that time. The trick was to knock on the front door, and if no one answered, kick in the back door (remember the Elkhart 4?). So when they went to a relative's house and were fooling around the outside, a neighbor called LE. JB was known to LE so they probably were on edge when they saw the address.

They both ran; LE caught O but JB took a threatening posture and that was the end of the story.
 
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