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

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I don't know how multiple cases are handled. This one has had movement and has the same hearing date as the murder case does. (2/20) There's a bunch of hearings between the filing date and the transfer date; I've omitted them for space. I picked up when it was transferred to circuit ct. at the end of January.

He seems to have 2 public defenders; I wonder why?

20D01-1804-F6-000631
01) 04/13/2018 = 35-43-4-2.5(b)(1)/F6: Auto Theft -Theft of entire vehicle
02) 04/13/2018 = 35-48-4-6.1(a)/F6: Possession of Methamphetamine This is the basic offense and for any amount below 5
03) 04/13/2018 = 35-44.1-3-1(a)(3)/F6: Resisting Law Enforcement def. uses a vehicle to commit the offense

01/30/2020 = Case 20D01-1804-F6-631 transferred in (to circuit ct.).

02/04/2020 = Appearance Filed
Chief PD Peter D. Todd files Co-counsel Appearance Form on behalf of the Defendant. OWEN, DONALD R. JR
02/04/2020 = Appearance Filed
DPD Jeffrey A. Majerek files Substitution Appearance Form on behalf of the Defendant, OWEN, DONALD R. JR

02/20/2020 = Hearing: 8:30 AM, Judicial Officer: Christofeno, Michael A
 
Thanks very much @FrostedGlass. Competency always seems to need assessment. Logic would say being that into Meth throws everything else into a tailspin. This is gonna be long slow process. Evil lives among us :( MOO Appreciate the updates very much. No one is safe around meth addicts
 
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Thursday, February 20th:
*Pretrial Conference & Motion Hearing (re Competency & Theft/Poss/Resisting charges) (for DO) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart) & Robert Porter (32) serious injuries (Oct. 21-22, 2019) – for *Donald R. Owen, Jr. (20/now 21) 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. Trial set to begin on 6/15/20. DA will seek life without parole.
12/19/19 Update: for all: motion to seal public records-granted. 12/23/19: for all: State’s motion to unseal public records-granted.
12/26/19 Update: Owen was found & arrested in Waco, TX. He is awaiting extradition in McLennan County jail in Indiana. No date yet for Owen. 1/6/20: DA will seek life without parole for all suspects. 1/21/20: Owen has initial appearance hearing on 1/23/20.
1/23/20 Update: Owen: appear in court today. Remains held on no bond due to murder charge. Important to note that all probable cause documents remain sealed in this case. Next Pretrial conference on 2/20. Status conference hearing on 5/7, and trial is set for 6/15/20. 01/30/20: Case 20D01-1804-F6-631 transferred in (to circuit ct.). Hearing on 2/20.
2/4/20 Update: Defense Motion to Determine Competency and/or “As An Individual With Intellectual Disability” for hearing Feb. 20, 2020 at 8:30am with the pretrial hearing that is scheduled. NOTE: Dr. Parker is planning on doing the competency evaluation on Mar. 6 at the jail; Dr. Seltman will schedule an appointment in March as well.
*Mario M. Angulo, Jr. (19) – Status hearing on 4/9 & jury trial starts on 5/4.
*Matthew A.P. Murzynski (24) – Status hearing on 4/9 & jury trial starts on 5/4.
 
Suspect in missing Bristol man's murder makes first court appearance

February 20, 2020
One of two Elkhart men accused of killing a Columbia City woman will be evaluated next month to determine whether he has the mental capacity to stand trial.
[.....]
At a hearing, Christofeno told attorneys he has scheduled two doctors to evaluate Owen next month to determine whether he’s mentally competent for trial.

Owen’s attorney, Jeffrey Majerek, and Elkhart County Prosecutor Vicki Becker both indicated they didn’t know the evaluation times had been set. Becker urged for them to be completed as soon as possible since Owen remains scheduled to go to trial beginning June 15.

Christofeno said the assessments should conclude in time for the issue to be discussed in April.


@FrostedGlass - could you look up Case #20D01-1804-F6-000631 on Owen & see "what date" in April, please? TIA! :)
I have his murder case (##20C01-1912-MR-000006 ) having a hearing on 5/7 & trial on 6/15.
 
They change the court info from time-to-time without making notations that changes are made. I started noting the date when I copied the hearing info so I wouldn't think my mind had slipped. When the competency issue first came up, this is what they posted:

02/20/2020 = Pretrial Conference/ and hearing on Motion to Determine Competency, 8:30 AM,
PTC and hearing on Motion to Determine Competency (NOTE: Dr. Parker is planning on doing the competency evaluation on Mar. 6 at the jail; Dr. Seltman will schedule an appointment in March as well.) (as of 01/28/20)

Now it reads:
02/20/2020 = Hearing
Comment:
PTC and hearing on Motion to Determine Competency (NOTE: Dr. Parker is planning on doing the competency evaluation on Mar. 11 at the jail; Dr. Seltman will schedule an appointment in March as well.)

05/07/2020 = Status Conference, 8:30 AM,
06/15/2020 = Jury Trial, 8:30 AM, (as of 01/28/20)

The WNDU reporter tweeted the March 11 date but didn't specify which Dr. would be doing that evaluation. BTW, I think that's Murzynski in that older clip in the tweet.
Joshua Short on Twitter
 
FrostedGlass said:
Considering Owen Jr's troubled past, his attorneys might be able to get him a little sympathy with a jury. He was born 12/30/1998; he was only 16 when he committed this crime.

20D01-1510-F5-000231
09/13/2015: 35-42-2-1(b)(1)/F5: Battery Resulting in Serious Bodily Injury
09/15/2015: 35-43-4-2(a)/MA: Theft
09/22/2015: 35-47-10-5(1)/MA: Dangerous Possession of a Firearm

He had 2 juvenile offenses already by that age. This is one that was noted in one of his other offenses 20C01-1402-JD-64 and I believe there was another before that one.

000231 has a list of witnesses to be called and some of them are family members.

It's really sad to see these young men go so terribly wrong. I know this isn't a totally popular idea but putting them in the service may save many of these kids.

A man I hired to do repair work was in and out of prison and I asked him about it one day. He said it wasn't so bad to go back. That he had more friends in than out on the street. He went on to say it was so stressful being out; he had to keep a job, stay out of trouble, provide for his family. On the inside he knew what was expected of him and as long as he did it, doing time was easy.
Click to expand...

Put these guys in the service? I'm an NCO in the Army. Its hard enough to manage the kids that WANT to be there. If you start putting me in charge of guys that don't want to be there, thats when its time to retire. This is a horrible idea, and I don't think you have thought out the consequences down the road. Also, your suggesting giving these guys access to automatic weapons. Just ponder that one on your own... You don't need me to tell you how horrible of an idea that is.
 
Loudestbough said:
Put these guys in the service? I'm an NCO in the Army. Its hard enough to manage the kids that WANT to be there. If you start putting me in charge of guys that don't want to be there, thats when its time to retire. This is a horrible idea, and I don't think you have thought out the consequences down the road. Also, your suggesting giving these guys access to automatic weapons. Just ponder that one on your own... You don't need me to tell you how horrible of an idea that is.
Click to expand...
No, I don't think service is the place for these accused murderers but, IMO, many young men can be turned around if they are stopped soon enough.

While I understand you wouldn't want to deal with bad kids, someone will have to one way or another. If there's a way to intervene early and turn them around, I think that option should be considered. It doesn't have to be "your" Army; it could be something similar.

I'm not sure I know exactly how to answer your question regarding access to automatic weapons. Do I think that troubled youths who successfully complete bootcamp will go rampaging with their new guns? No. OTOH, I'm local to Indianapolis and the number of young men killing each other with guns is just crazy. Owen was only 16 when he was charged with Dangerous Possession of a Firearm; but I'm not sure he needed (or even wanted) one to commit this murder...if he did it.

Thank you for sharing your thoughts.
 
There was a court session today for Owen:
02/25/2020 = Order Granting Motion for Competency Evaluation
Court makes record on Deft's Motion to Determine Competency and advises counsel of the doctors selected by the Court and that the examinations will occur in March. Court appoints George F. Parker, M.D. and Gary Seltman, M.D. to investigate the competency of the Deft and file their written report with the Court. PTC held; Court resets this matter for further hearing Apr. 9, 2020 at 8:30 a.m. cj
02/25/2020 = Transport Order Entered: Shf to transport Deft for competency evaluaution with Dr. Seltman scheduled for Mar. 28, 2020 at 8:30 a.m.
02/25/2020 = Hearing Scheduling: Status Conference scheduled for 04/09/2020 at 8:30 AM.
02/25/2020 = Clerk Administrative Event, Clerk e-mailed Trans Order to Shf/Court Officers. pm
04/09/2020 = Status Conference 8:30 AM, Judicial Officer: Christofeno, Michael A
05/07/2020 = Trial Status Conference 8:30 AM, Judicial Officer: Christofeno, Michael A
06/15/2020 = Jury Trial 8:30 AM, Judicial Officer: Christofeno, Michael A
 
DO is also scheduled for a violation of probation hearing on 4/9. Nothing else is scheduled after this. Everything remains the same for the other two men.

20C01-1804-F6-000631

04/09/2020
Hearing
Session: 04/09/2020 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: RE: VOP
 
DO's murder trial update:
03/19/2020 = Competency Evaluation Filed
George F. Parker, M.D. files Competence Report (determination.) cj
04/09/2020= Status Conference
05/07/2020 = Status Conference Trial Status Conference
06/15/2020 = Jury Trial, 8:30 AM, Judicial Officer: Christofeno
 
ANGULO's update:
03/19/2020 =Administrative Event
From March 17 through May 4, 2020, actual face-to-face hearings in Elkhart Circuit Court will only occur in emergency and essential court hearings. All non-emergency and non-essential hearings will either be continued, conducted telephonically, or in criminal cases conducted by videoconferencing. The Court anticipates and expects that during this time of emergency, we will all cooperate to conclude as many cases as we can by agreement or by conducting telephonic hearings. In-custody criminal cases will be conducted by videoconference in Elkhart Superior Court 4 located in the lower level of the Goshen Courthouse, except for initial hearings which will be conducted by Magistrate Eric Ditton at the jail. The Court does not anticipate having any face-to-face hearings during this time since rarely does a hearing involve an emergency or absolutely essential matter. All jury trials set on May 4 or before will be continued pursuant to the Emergency Order. cj

03/26/2020 = Hearing
Comment:RE: Deft's Motion for Competency/Intellectual Disability Evaluation
04/09/2020 = Trial Status Conference
05/04/2020 = Jury Trial, 8:30 AM, Judicial Officer: Christofeno, Michael A
 
I wonder if Murzynski is getting a new attorney?

03/16/2020 = Appearance Filed
DPD Christopher J. Petersen files Substitution Appearance Form on behalf of the Defendant replacing DPD Peter C. Soldato.
For Party:MURZYNSKI, MATTHEW A.P.

04/09/2020 = Trial Status Conference
05/04/2020 = Jury Trial, 8:30 AM, Judicial Officer: Christofeno, Michael A
 
Thanks a bunch @FrostedGlass !

So it looks like the 2 trials on 5/4 are going to be cancelled. And I am going to "assume" that the hearings on 4/9 are NOT going to happen also per their notice of trial/hearing cancellation because of the virus.

But - I shall put them on those dates - and when we get closer maybe they will have some new dates. :)
 
Murder suspect seeks jail release over COVID fears

March 26, 2020

GOSHEN — One of two Elkhart men charged with murdering a Columbia City woman last year wants to be released from jail and placed on home detention, claiming concerns about the spread of COVID-19.

Mario Angulo Jr., 19, made the request Thursday during a hearing in Elkhart County Circuit Court, citing situations where inmates have been granted emergency releases from jails in several states. He appeared via a new video conferencing system set up in the courtroom. The technology is among the recent measures taken to limit exposure to the new coronavirus at the courthouse in Goshen.
[.....]
During the hearing, Judge Christofeno appointed two psychiatrists to evaluate whether or not Angulo has an intellectual disability and is mentally competent to stand trial. Angulo’s attorney, Thomas Dixon, requested the assessments in a filing on March 4, court information shows.

Christofeno questioned whether the evaluations would be completed by May 4, Angulo’s scheduled trial date. He also pointed out local trials are suspended until May 11 under an Indiana Supreme Court emergency order that took effect last week in response to the COVID-19 pandemic. Due to those situations, Christofeno called for rescheduling Angulo’s trial until Oct. 5.
[.....]
Christofeno suggested that dropping the competency evaluation could speed the case’s progress.

“You talking to me right now sure doesn’t sound like you have any competency issues,” Christofento told Angulo. “You sound like you know what’s going on.”
[.....]
The order for Elkhart County, citing health concerns about maintaining social distancing among potential jurors, includes a suspension of jury trials until May 11; postponements for hearings deemed non-essential in criminal, civil, divorce and juvenile cases; a call for relying more on video and phones for hearings when possible; and limitations on public attendance in courtroom galleries.

Christofeno, during Angulo’s hearing, speculated the emergency order could be extended. But a decision on that won’t be made until sometime in April. Because of that and the mental competency evaluations, he ordered Angulo’s trial moved to Oct. 5.
 
An accused murderer who is afraid of dying. Imagine that! They sure know how to push those trial dates out, don't they?

Thanks for finding that article. I got way behind as I tried to keep up with the Corona thing.
 
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