GUILTY IN - Newton County, Fem, 30 Mar 2019 - Nicole Bowen

DNA Solves
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DNA Solves
Thursday, May 20th:
*Trial continues (Day 3) (@ 9am CT) – IN – Nicole Lynn Bowen (30) (missing March, 29, 2019, Jefferson Township, Newton County, found March 30, 2019) – for *Ashley N. Garth (26/now 27) arrested (4/3/19) & charged (3/29/19) with felony count of assisting a criminal. Plead not guilty. $25K bond. Posted bond (1/30/21) & out.
*Charged (3/29/19) with murder, conspiracy to commit murder conspiracy results in death (Felony 1) & assisting a criminal in committing murder. Count 4: Involuntary manslaughter was severed for purposes of trial. Held without bond. Judge reduces bond (1/10/20) to $50K.
Trial began on 5/17/21 with jury selection & trial started on 5/18/21.
Court info from 7/29/19 thru 5/13/21 & jury selection on 5/17/21 reference post #754 here:
Found Deceased - IN - Newton County, Fem, 30 Mar 2019 - Nicole Bowen

5/18/21 Tuesday, Day 1 of trial: Opening statements by both sides. State witnesses: Randy Hall. He owns the property Bowen's body was dumped on & he is the one who found her body on March 30th, 2019. The jury got to listen to his 911 call. Indiana State Police Sergeant Duane Datzman. He is the crime scene technician who attended the Newton County scene. He first took photos of the crime scene as it was when he initially arrived. The jury got to see a series of these photos. Photos from the autopsy shown to jurors. Her arms were bound behind her back with tape around her wrists. Her ankles were also taped together & she had black tape covering her face. Her head was then covered in a clear plastic bag. Close up photographs of her hands showed several rings on her fingers & tattoo on her forearm. Bits of dark blonde hair poked out from the black tape. The jury then saw photographs of her neck, which had a brown extension cord wrapped around it. The cord is what was used to suffocate her to death. The prosecution had Sgt. Datzman open several evidence bags to show the jury the colorful scarf, the brown cord, the plastic bag & black tape, which still had chunks of Bowen's hair, and a card board tape tube found wrapped in the blanket with her body. These were the only two people to testify on Tuesday. Court will resume on Wednesday at 9 am with testimony from the FBI investigators who helped work the case & identify Bowen. Garett Kirts is also expected to testify tomorrow. Trial continues on 5/19/21.
5/19/21 Wednesday, Day 2 of trial: State witness: Garrett Kirts. No other info available yet. Trial continues on 5/20/21.

*Garrett Kenneth Kirts (21/now 22) – Newton County: Nicole’s Case #56D01-1904-MR-000367- 9/4/20: Plead guilty. Sentenced on 1/11/21 to 55 years in prison.
*Christopher Channing Mathis (27/now 28) – 9/18/20: Plead guilty & sentenced to time served (912 days). Out of jail. Cooperating with White County on Hanish case. Rearrested (9/25/20): Conspiracy dealing drugs charge: Pretrial hearing on 6/18/21.
*Talitha Ann Beckley (36/now 38) – Pretrial hearing on 5/28/21. Trial begins on 7/26/21.
*Nicole Parker (34/now 36) – 10/8/19: Plead guilty. According to the plea agreement, Parker also will serve 4 years in prison for being a habitual offender, based on felony convictions in 2018 for unlawful possession of a syringe in Jasper County & in 2004 for burglary in Tippecanoe County. Earliest release date 1/4/23.
 
No idea "what" is happening here....

Friday, May 21st:
*Trial continues (Day 4) (@ 9am CT) – IN – Nicole Lynn Bowen (30) (missing March, 29, 2019, Jefferson Township, Newton County, found March 30, 2019) – for *Ashley N. Garth (26/now 27) arrested (4/3/19) & charged (3/29/19) with felony count of assisting a criminal. Plead not guilty. $25K bond. Posted bond (1/30/21) & out.
*Charged (3/29/19) with murder, conspiracy to commit murder conspiracy results in death (Felony 1) & assisting a criminal in committing murder. Count 4: Involuntary manslaughter was severed for purposes of trial. Held without bond. Judge reduces bond (1/10/20) to $50K.
Trial began on 5/17/21 with jury selection & trial started on 5/18/21.
Court info from 7/29/19 thru 5/13/21 & jury selection on 5/17/21 & trial on 5/18/21 (Day 1) reference post #761 here:
Found Deceased - IN - Newton County, Fem, 30 Mar 2019 - Nicole Bowen

5/19/21 Wednesday, Day 2 of trial: State witness: Garett Kirts. No info available yet. Trial continues on 5/20/21.
5/20/21 Thursday, Day 3 of trial: No info available yet. Trial continues on 5/21/21.

*Garrett Kenneth Kirts (21/now 22) – Newton County: Nicole’s Case #56D01-1904-MR-000367- 9/4/20: Plead guilty. Sentenced on 1/11/21 to 55 years in prison.
*Christopher Channing Mathis (27/now 28) – 9/18/20: Plead guilty & sentenced to time served (912 days). Out of jail. Cooperating with White County on Hanish case. Rearrested (9/25/20): Conspiracy dealing drugs charge: Pretrial hearing on 6/18/21.
*Talitha Ann Beckley (36/now 38) – Pretrial hearing on 5/28/21. Trial begins on 7/26/21.
*Nicole Parker (34/now 36) – 10/8/19: Plead guilty. According to the plea agreement, Parker also will serve 4 years in prison for being a habitual offender, based on felony convictions in 2018 for unlawful possession of a syringe in Jasper County & in 2004 for burglary in Tippecanoe County. Earliest release date 1/4/23.
 
I searched late last night and all I could find were articles saying the trial had started this week for AG. Interesting! MOO

I believe the most recent was from May 18 -- News 18/WLFI. FBI investigator and GK were expected to testify on Wednesday but nothing found in media.

911 caller, crime scene tech testify in Ashley Garth murder trial

KENTLAND, Ind. (WLFI) - Two witnesses testified Tuesday afternoon in Ashley Garth's murder trial. She is accused of being involved in killing Nicole Bowen in Newton County in March of 2019.

[..]

Garth faces three charges: murder, conspiracy to commit murder and assisting a criminal. According to MyCase, Garth is also facing a fourth charge of involuntary manslaughter resulting in death, but this charge was added this month and has been severed from the jury trial proceedings.

[..]

The first witness called to the stand was Randy Hall. He owns the property Bowen's body was dumped on and he is the one who found her body on March 30th, 2019. He said he found a dead body wrapped in a blanket and bound by tape in an old semi truck trailer that sits on the ground of the hunting property he owns. He said he didn't touch the body at all and immediately called 911.

The jury got to listen to his 911 call. He said he had been out to the property two days before then and hadn't seen anything amiss. He said he did not know who the body was or even what its gender was at the time.

The state then called Indiana State Police Sergeant Duane Datzman. He is the crime scene technician who attended the Newton County scene. He first took photos of the crime scene as it was when he initially arrived. The jury got to see a series of these photos. Several shots are of the body laying on the floor of the semi truck completely wrapped in a blanket and bound with tape. The only thing identifiable were the ankles sticking out through a pair of blue jeans and feet in white socks.

[..]

The jury then saw photographs of her neck, which had a brown extension cord wrapped around it. The cord is what was used to suffocate her to death. The prosecution had Sgt. Datzman open several evidence bags to show the jury the colorful scarf, the brown cord, the plastic bag and black tape, which still had chunks of Bowen's hair, and a card board tape tube found wrapped in the blanket with her body.

[..]

These were the only two people to testify on Tuesday. Court will resume on Wednesday at 9 a.m. CST with testimony from the FBI investigators who helped work the case and identify Bowen. Garett Kirts is also expected to testify tomorrow.

ETA: Garth's DNA was reportedly found on the cord allegedly used to strangle Nicole. It wasn't until lab reports confirmed Garth's DNA that her charges were upgraded.
 
Found this interesting....

Jan 2021
Garth has a pretrial conference in her murder case scheduled for Jan. 27 after she withdrew from an earlier plea agreement.

Indiana man gets 55 years in death of woman found in shack

May 2021
Garth had a plea agreement hearing scheduled for May 3rd where she had the chance of taking a guilty plea agreement. However after a powerful statement given by Bowen's older son, who is 10-years-old, Judge Daniel Molter rescinded the plea agreement, forcing Garth's case to go to a jury trial.

911 caller, crime scene tech testify in Ashley Garth murder trial
 
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I believe the most recent was from May 18 -- News 18/WLFI. FBI investigator and GK were expected to testify on Wednesday but nothing found in media.

911 caller, crime scene tech testify in Ashley Garth murder trial

KENTLAND, Ind. (WLFI) - Two witnesses testified Tuesday afternoon in Ashley Garth's murder trial. She is accused of being involved in killing Nicole Bowen in Newton County in March of 2019.

[..]

Garth faces three charges: murder, conspiracy to commit murder and assisting a criminal. According to MyCase, Garth is also facing a fourth charge of involuntary manslaughter resulting in death, but this charge was added this month and has been severed from the jury trial proceedings.

[..]

The first witness called to the stand was Randy Hall. He owns the property Bowen's body was dumped on and he is the one who found her body on March 30th, 2019. He said he found a dead body wrapped in a blanket and bound by tape in an old semi truck trailer that sits on the ground of the hunting property he owns. He said he didn't touch the body at all and immediately called 911.

The jury got to listen to his 911 call. He said he had been out to the property two days before then and hadn't seen anything amiss. He said he did not know who the body was or even what its gender was at the time.

The state then called Indiana State Police Sergeant Duane Datzman. He is the crime scene technician who attended the Newton County scene. He first took photos of the crime scene as it was when he initially arrived. The jury got to see a series of these photos. Several shots are of the body laying on the floor of the semi truck completely wrapped in a blanket and bound with tape. The only thing identifiable were the ankles sticking out through a pair of blue jeans and feet in white socks.

[..]

The jury then saw photographs of her neck, which had a brown extension cord wrapped around it. The cord is what was used to suffocate her to death. The prosecution had Sgt. Datzman open several evidence bags to show the jury the colorful scarf, the brown cord, the plastic bag and black tape, which still had chunks of Bowen's hair, and a card board tape tube found wrapped in the blanket with her body.

[..]

These were the only two people to testify on Tuesday. Court will resume on Wednesday at 9 a.m. CST with testimony from the FBI investigators who helped work the case and identify Bowen. Garett Kirts is also expected to testify tomorrow.

ETA: Garth's DNA was reportedly found on the cord allegedly used to strangle Nicole. It wasn't until lab reports confirmed Garth's DNA that her charges were upgraded.
Thank you! I hope there is an update today. On pins and needles just waiting to see what GK’s testimony consists of :confused:
 
Found this interesting....

Jan 2021
Garth has a pretrial conference in her murder case scheduled for Jan. 27 after she withdrew from an earlier plea agreement.

Indiana man gets 55 years in death of woman found in shack

May 2021
Garth had a plea agreement hearing scheduled for May 3rd where she had the chance of taking a guilty plea agreement. However after a powerful statement given by Bowen's older son, who is 10-years-old, Judge Daniel Molter rescinded the plea agreement, forcing Garth's case to go to a jury trial.

911 caller, crime scene tech testify in Ashley Garth murder trial

Garth has actually gone full circle. Her first plea agreement was conditional on a polygraph which apparently was not satisfactory and where Garth lost her initial, sweet deal (Assisting a criminal - level 5 felony).

By that time, the state really didn't need her to help testify against Kirts as he agreed to his own deal. Given she's been out on bond the entire time, I was not surprised that she withdrew from her deal in January after seeing she would have to spend real time in prison. MOO

Found Deceased - IN - Newton County, Fem, 30 Mar 2019 - Nicole Bowen
 
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IMO, Garth also deserves a 55-year sentence!

Newton County Prosecutor files motion to withdraw plea agreement with Ashley Garth

Oct 5, 2020

During initial interviews with police back in April 2019, Garth told investigators that she and Garrett Kirts, who has pled guilty to the murder, were in a relationship and Bowen was a rival and enemy because she was the other woman in his life. Garth went on to tell police that an altercation/fight occurred between herself and Bowen inside the trailer at lot 20 of the Kentland Trailer Park over that relationship with Kirts. The next day, Garth was asked by police what caused her to fight with Bowen and she replied “Nicole was (sleeping with) her boyfriend Garrett.”

According to the probable cause affidavit, during the course of the investigation evidentiary items were collected and transferred to the Indiana State Lab for DNA analysis. Of those items, one consisted of nail scrapings of the victim (Nicole Bowen) of both her right and left hand.

On Dec. 16, 2019, the Certificate of Analysis from the Indiana State Police Laboratory was received and the analysis provides strong support for the proposition that Garth is a contributor to the DNA profile of the fingernail scrapings from the victim’s left and right hands. The analysis also provides support for the proposition that Garth is a contributor to the DNA profile on the scarf collected from around Bowen’s neck and tape cardboard tube also collected from around Bowen’s neck.

[..]

According to Kirts, once Bowen arrived Garth started a fistfight with her and he went behind her and put her in a chokehold until she passed out. Kirts went on to say that he asked Garth for an extension cord and then wrapped it around Bowen’s neck but Garth is the one that pulled on it until she stopped breathing.
 
This witness is interesting; I've never seen/heard that name mentioned. What is "Instant Cause"?

05/13/2021 = Order Granting
State's Transport Order Granted - Order for NC Sheriff to Transport Jeffrey Sneath from Park County Jail to NC Jail on 5/18/21 to Allow Jeffrey Sneath to Comply with Subpoena to Testify at the Jury Trial in Instant Cause on 5/19/21 - NC Sheriff to Transport Jeffrey Sneath Back to Park County Jail Upon Completion of his Testimony
 
Bringing this forward from previous conversation; I wonder if they went down to see JS? Notice the date when he was charged.
[Snip]
Garth pled guilty on June 18, 2020, to assisting a criminal (Level 5 felony).
...
Kirts pled guilty Sept. 4, 2020, to his role in the murder. When asked about his guilty plea by Judge Daniel Molter, Kirts informed the court that he, Ashley Garth, Chris Mathis, and Mickey Hittle was at the Kentland Trailer Park but left to go south to get more drugs. Kirts said that is when he was told that Bowen had snitched on him and Jason Palladino for cooking meth.
...
Newton County Prosecutor files motion to withdraw plea agreement with Ashley Garth

*******************************
JS: 61C01-2103-F5-000077
Obstruction of Justice
Filed: 03/08/2021
Charged: 06/24/2020

*****************************
 
While we're waiting for the verdict, here's what's been happening with Jasmine:

01/20/2021 = Appearance Filed
Pro Se Notice for Entry of Appearance filed by Jasmine Parker.
For Party: Parker, Jasmine N.

01/20/2021 = Petition Filed
Pro Se Petition for Change of Commitment.
Filed By: Parker, Jasmine N.

01/20/2021 = Motion Filed
Pro Se Motion for Order for Progress Report.
Filed By: Parker, Jasmine N.

01/20/2021 = Motion For Transport Order
Pro se Request for Appearance/Transport.
Filed By: Parker, Jasmine N.

01/27/2021 = Objection Filed
Objection to Defendants Petition for Change of Committment- Parker.pdf
Filed By: State of Indiana

01/29/2021 = Order Issued
Order Denying Deft's Pro-Se Petition for Change of Comitment and Reaffirms Sentence Imposed on 10/7/19 - Court Deems Deft's Pro-Se Motion for Order for Progress Report and Request for Appearance/Transport as Moot
Judicial Officer: Molter, Daniel J

01/29/2021 = Clerk Administrative Event
Mailed Deft 1/28/21 Order and State's Objection

02/24/2021 = Service Returned Not Served
1/28/1 Order Returned from Indiana Women's Prison "Return to Sender - Refused - Unable to Forward"

02/24/2021 = Clerk Administrative Event
2/23/21 Contacted Indiana Women's Prison and Informed Deft is Still Incarcerated and Mail Gets Delivered to Men's Prison and They Might Have Rejected It - Left Detailed Msg for Deft's Case Worker on 2/23/21 and 2/24/21 to Assist me in this Matter...No Return Call - 2/24/21 Mailed to Deft c/o Case Worker Mr. Dix

03/25/2021 = Service Returned Not Served
1/28/21 Order Returned from IWP "Return to Sender - Refused - Unable to Forward" which was Sent to her Case Worker Mr. Dix

03/30/2021 = Clerk Administrative Event
Emailed Deft Copy of 1/28/21 Order @ IWP c/o Natasha Jones & Ms. Davis
 
Monday, May 24th:
*Trial continues (Day 5) (@ 9am CT) – IN – Nicole Lynn Bowen (30) (missing March, 29, 2019, Jefferson Township, Newton County, found March 30, 2019) – for *Ashley N. Garth (26/now 27) arrested (4/3/19) & charged (3/29/19) with felony count of assisting a criminal. Plead not guilty. $25K bond. Posted bond (1/30/21) & out.
*Charged (3/29/19) with murder, conspiracy to commit murder conspiracy results in death (Felony 1) & assisting a criminal in committing murder. Count 4: Involuntary manslaughter was severed for purposes of trial. Held without bond. Judge reduces bond (1/10/20) to $50K.
Trial began on 5/17/21 with jury selection & trial started on 5/18/21.
Court info from 7/29/19 thru 5/13/21 & jury selection on 5/17/21 & trial on 5/18/21 (Day 1) reference post #761 here:
Found Deceased - IN - Newton County, Fem, 30 Mar 2019 - Nicole Bowen

5/19/21 Wednesday, Day 2 of trial: State witness: Garett Kirts. Jeffrey Sneath. No info available yet. Trial continues on 5/20/21.
5/20/21 Thursday, Day 3 of trial: No info available yet. Trial continues on 5/21/21.
5/21/21 Friday, Day 4 of trial: No info available. Trial continues on Monday, 5/24/21.
*Garrett Kenneth Kirts (21/now 22) – 9/4/20: Plead guilty. Sentenced on 1/11/21 to 55 years in prison.
*Christopher Channing Mathis (27/now 28) – 9/18/20: Plead guilty & sentenced to time served (912 days). Out of jail. Cooperating with White County on Hanish case. Rearrested (9/25/20): Conspiracy dealing drugs charge: Pretrial hearing on 6/18/21.
*Talitha Ann Beckley (36/now 38) – Pretrial hearing on 5/28/21. Trial begins on 7/26/21.
*Nicole Parker (34/now 36) – 10/8/19: Plead guilty. According to the plea agreement, Parker also will serve 4 years in prison for being a habitual offender, based on felony convictions in 2018 for unlawful possession of a syringe in Jasper County & in 2004 for burglary in Tippecanoe County. Earliest release date 1/4/23.
 
Mathis again... notice the difference between the filing date and charging date. He's still scheduled for a pretrial conf on 6/18 for 56D01-2009-F6-000897

37D01-2105-F6-000376 Jasper Co., Superior Ct 1
05/05/2021 = Case Opened as a New Filing

Charges
04/11/2021 35-48-4-6.1(a)/F6: Possession of Methamphetamine This is the basic offense and for any amount below 5
04/11/2021 35-48-4-6(a)/F6: Possession of a Narcotic Drug

05/06/2021 = Warrant or Writ of Attmnt for the Body of a Person Issued
05/11/2021 = Warrant or Writ of Attmnt for the Body of a Person Served
05/14/2021 = Notice Of Intent To Seek Habitual Offender Status
05/19/2021 = Order Granting Motion for Appointment of Special Prosecutor

05/24/2021 = Initial Hearing
Session: 05/27/2021 9:00 AM, Rescheduled
Session: 05/24/2021 8:30 AM, Judicial Officer: Bailey, Russell Dean
Comment: & Notice of Intent to Seek Habitual Offender Status
 

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