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

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This is regarding Kirts' Carroll Co charges. I wonder why he would get a special judge for them? They have this status conference set up for after the murder trial. It looks like they are going to be heard together.

Carroll Superior Court
08D01-1903-CM-000087 = Invasion of Privacy
08D01-1901-F6-000013 = strangulation and d. battery

08/13/2020 = Special Judge Appointed Pursuant to Local Rule TR 79H
Judge assigns Special Judge for 08D01-1901-F6-000013.
Judicial Officer: Hawkins, Troy M.

08/24/2020 : CANCELED Jury Trial = Reason: Other; Comment:1st Setting

10/13/2020: Status Conference: 9:00 AM, Judicial Officer: Hawkins, Troy M.
Comment: Special Judge Diener
 
A brief summary for quick reference

Garett Kirts or Garrett K = Newton Superior Court
56D01-1904-MR-000367
09/28/2020: Jury Trial 10:00 AM, Judicial Officer: Molter, Daniel J
*******************************************
Talitha A. Beckley = Newton Superior Court
56D01-1904-F5-000411
08/24/2020: CANCELED Jury Trial
10/19/2020: Pretrial Conference: 10:00 AM, Judicial Officer: Molter, Daniel J
*********************************
Ashley Garth = Newton Superior Court
56D01-1912-MR-001281
10/21/2020: Sentencing Hearing 10:00 AM, Judicial Officer: Molter, Daniel J
**********************************
Christopher C Mathis = Newton Superior Court
56D01-1904-F5-000346
10/23/2020: Sentencing Hearing 10:00 AM, Judicial Officer: Molter, Daniel J
 
This is regarding Kirts' Carroll Co charges. I wonder why he would get a special judge for them? They have this status conference set up for after the murder trial. It looks like they are going to be heard together.

Carroll Superior Court
08D01-1903-CM-000087 = Invasion of Privacy
08D01-1901-F6-000013 = strangulation and d. battery

08/13/2020 = Special Judge Appointed Pursuant to Local Rule TR 79H
Judge assigns Special Judge for 08D01-1901-F6-000013.
Judicial Officer: Hawkins, Troy M.


08/24/2020 : CANCELED Jury Trial = Reason: Other; Comment:1st Setting

10/13/2020: Status Conference: 9:00 AM, Judicial Officer: Hawkins, Troy M.
Comment: Special Judge Diener
^^bbm

From this post, we can't tell who was originally scheduled to hear the case.

This is my interpretation of Trial Rule ("TR") 79(H) as noted above:

A special judge is appointed if the defense files a motion for a change of judge under Trial Rule 76, or the Judge is disqualified or recuses him/herself to hear the case under TR 79.

For Trial Rule 79(H) to apply, this means the parties had 7 days to agree on a special judge, and the selected judge had 7 days to decide whether he/she wanted to hear the case.

It appears this did not happen, and now a special judge will be selected by the local rule, and the judge can't decline to accept the case.

https://www.in.gov/judiciary/iocs/files/pubs-trial-court-change-of-judge.pdf

ETA: I went back to @Niner's earlier post today and see the Judge change noted in the ROA:

Minute Date: 10/13/2020
Input Date: Unavailable
Type: Status Conference
(9:00 AM) (Judicial Officer: Hawkins, Troy M.)
Special Judge Diener
 
Last edited:
It makes sense that Judge Troy Hawkins was either not acceptable to the defense or he recused himself from this trial because he was the former Prosecutor for Carroll County, and also had a private practice in or around Delphi. Let's just say GK is no stranger to the court.

***********************************************
Troy Hawkins for Judge

July 27 at 11:40 AM ·
Troy is very humbled and excited to have received a call from Governor Holcomb today and more excited to share:

Press Release
For Immediate Release:
Monday, July 27, 2020

Gov. Holcomb Announces Judicial Appointment for Carroll County Superior Court Vacancy

INDIANAPOLIS – Gov. Eric J. Holcomb today announced Troy M. Hawkins as his appointment to the Carroll County Superior Court.

Hawkins will succeed Judge Kurtis Fouts who will retire at the end of this month.

Hawkins is currently the chief deputy prosecutor in Carroll County where he has served since June 2019. Prior to this, he was in private practice.

Hawkins earned a bachelor’s degree from Indiana University and his law degree from University of Toledo Law School.

Hawkins will be sworn in as judge of the Superior Court in Carroll County on a date to be determined.

Troy Hawkins for Judge
 
I noticed that Talitha Beckley's and Jasmine Parker's transport orders are both dated for Sept 1.

It appears that the Supplemental Discovery filed on 8/20 set off a flurry of activity from Kirt's lawyer.

07/27/2020 = Order Granting
7/27/20 Order Directing Newton County Sheriff to Transport Jasmine N. Parker on 9/1/20 from Indiana Women's Prison to Newton Superior Court

Judicial Officer:Molter, Daniel J
08/20/2020 = Supplemental Discovery Filed
Filed By:State of Indiana

08/20/2020 = Motion for Transport Order Filed
Filed By:Kirts, Garett K.

08/20/2020 = Notice to Court Filed
Subpoena For Testimony for Talitha Beckley
Filed By:Kirts, Garett K

08/20/2020 = Notice to Court Filed
Notice of Deposition to Talitha Beckley
Filed By:Kirts, Garett K.

08/20/2020 = Subpoena/Summons Filed
Subpoena For Testimony to Ashley Garth
Filed By:Kirts, Garett K.

08/26/2020 = Order Granting
8/20/20 Order Granting Transport Order on 9/1/20 for Talitha Beckley from Rockville Correctional Facility to Newton Superior Court
Judicial Officer:Molter, Daniel J
 
Talitha A. Beckley = Newton Superior Court
56D01-1904-F5-000411

I didn't realize Beckley was in Rockville; on 4/15/2019 they set a $25,000/10% bond.

This has been added; I wonder what that's all about.

08/31/2020 = Order for Presentence Investigation Report
Order to Provide PSI Within 3 Days of PTC on 10/19/20

09/01/2020 = Automated ENotice Issued to Parties
Order for Presentence Investigation Report ---- 8/31/2020 : Benjamin Church;Newton County Probation Dept;Jeffrey Dale Drinski

10/19/2020 = Pretrial Conference
Session: 10/19/2020 10:00 AM, Judicial Officer: Molter, Daniel J
 
Mathis was out for about a month before he violated his plea agreement.

Christopher Mathis
56D01-1904-F5-000346

06/24/2020 = Order on Hearing
6/22/20 Order Taking Deft's Plea Under Advisement, Setting Sentencing for 10/23/20 & Releasing Deft. from Incarceration
Judicial Officer:Molter, Daniel J

07/22/2020 = Notice to Court Filed
NCCC Non-Compliance of Day Reporting
Filed By:State of Indiana

07/31/2020 = Order on Hearing
7/31/20 Order Finding Deft in Violation of 6/24/20 Order, Revoking Bond, Remanding to Custody of NCS & Reaffirming 10/23/20 Sentencing Hrg

08/26/2020 = Indigent Counsel Appointed at County Expense, Atty Brooke Scheurich

08/27/2020 = Motion for Discovery Filed
Filed By:Mathis, Christopher C

10/23/2020 = Sentencing Hearing
Session:10/23/2020 10:00 AM, Judicial Officer: Molter, Daniel J
 
Thanks for all that info @FrostedGlass - I have added them to my notes.
I was just wondering if Kirts still has his trial starting 9/28?

Newton County Case #56D01-1904-MR-000367

TIA! :)
 
There has been nothing new on Garth since she had the plea agreement on 6/18.

Ashley Garth = Newton Superior Court
56D01-1912-MR-001281
10/21/2020: Sentencing Hearing 10:00 AM, Judicial Officer: Molter, Daniel J

Probably in the plea agreement she has to testify against Kirts. And the same with Mathis. His sentencing is on 10/23/20.

And thanks for the info on the trial "time".
animated-smileys-greetings-012.gif
 
Killer pleads: Torture, murder of West Lafayette woman followed fear ‘she snitched' on meth operation

Sept 4, 2020

KENTLAND – Garett Kirts, a 22-year-old Lebanon man accused in the 2019 torture and murder of Nicole Bowen, admitted Friday to a judge that he and two others conspired to kill the West Lafayette mother of two because they were sure she was going to turn them in for cooking methamphetamine.

Kirts said he and Ashley Garth, a Delphi woman also charged with murder, and a friend named Jason Palladino – a White County man who prosecutors have not charged but say remains “a person of interest” – conspired to get Bowen, 30, to a trailer north of Kentland on the night of March 29, 2019.

[..]

On Friday, Kirts pleaded guilty to murder in a deal that essentially took the chance of life without parole off the table. Kirts had been scheduled for trial later in September.

[..]

Molter sent a sentencing date in January 2021. But Jeff Drinski, Newton County prosecutor, said the terms of the plea deal call for 55 years in prison. The murder charge, had the case gone to trial, could have carried up to 65 years in prison. Drinski had filed for life without parole in the case, saying there were elements of torture in Bowen death.

[..]

The other four people accused of playing roles in the Harrison High School graduate’s death remained in custody, as of Friday, according to jail records.

[..]

According to court documents filed in December 2019 with her murder charge – after DNA evidence suggested she played a larger role in the crime beyond instigating a fight – Garth told police that she considered Bowen “a rival and an enemy because she was the other woman in Kirts’ life.”

Kirts told police that Bowen was reluctant to go in the trailer. At some point, while inside, Garth and Bowen got into it. As they fought, Kirts told police, he stepped in.

Court documents claim Kirts told police that he and Garth then strangled Bowen before wrapping her in a blanket

[..]

Drinski said Garth has a plea agreement pending that would drop the murder charge for a felony charge of assisting a criminal. Drinski said that charge carries a maximum of six years in prison. He said Garth is scheduled to take a polygraph test next week, leading up to her next court date on Oct. 21.

[..]

Three other people have been charged in connection with Bowen’s death.

Talitha Beckley, a 38-year-old Monticello woman who prosecutors say was in the trailer home that night, and Christopher Mathis, a 28-year-old Kentland man who was recruited to help Kirts hide Bowen’s body, have been charged with assisting a criminal, a level 5 felony that carries possible prison sentences of one to six years. Mathis also was charged with obstruction of justice.

Mathis,
who Drinski said also is up for a polygraph test next week, has a pending plea deal and is scheduled for sentencing Oct. 23.

Beckley has asked for a trail [trial]on her charges. Beckley’s next court appearance is scheduled for a hearing Oct. 19.

[..]

Parker, 35, pleaded guilty in October 2019
to assisting a criminal after she admitted that she was in her home that night but had hidden in another room when Bowen was killed. The plea agreement came with a one-year prison sentence, on a charge that carries a sentence of one to six years, along with four years for being a habitual offender.

Kirts’ claim that Palladino was involved was the first in public in the case.

[..]

Still unresolved is Kirts’ possible involvement in the March 2019 death of Ray Hanish, a 49-year-old man found dead in his Reynolds home. The White County coroner ruled the death a homicide, caused by “asyphyxia due to ligature strangulation.”

In December 2019, White County Prosecutor Bob Guy confirmed to the J&C that he was waiting for Kirts’ case in Newton County to wrap up before filing charges connected to Hanish’s death in Reynolds.

[..]

He said investigators did not believe Hanish’s death was murder. He wouldn’t commit to whether a criminal act led to Hanish’s death.

@Niner
 
Big thans @gossheather77 for the results of today's hearing.

I'm still overwhelmed and not sure how I feel about the plea deals for the three other defendants because I believe they were based on two things, passing their polygraphs and testifying against Kirts.

I recall when Kirts agreed to plead guilty earlier and pulled his deal when he realized he had to spend more than 50 years before he'd be eligible for parole.

Prior to Kirts taking a deal, Garth and Molter each had a deal where their murder charges would be dropped. Instead of spending 65 years in prison, Molter gets 55 years, and Garth gets a maximum of 6 years.

Garth's plea deal sentence really doesn't set right with me. We know she lied from the very beginning, and it was her DNA all over the ligature that caused her to finally be charged with murder. Six years is barely the sentence for assaulting Nicole before she helped strangle her. Maybe she will fail her polygraph and murder charges will be back on the table. One can only wish...

Personally, I think the new name (Palladino) that came up in court today for the first time may have been something that came out in Kirts own polygraph (I'm assuming he had to take one).

This was one of the most senseless murders I've ever seen. Absolute betrayal.

MOO
 
Thanks for all that info @FrostedGlass - I have added them to my notes.
I was just wondering if Kirts still has his trial starting 9/28?

Newton County Case #56D01-1904-MR-000367

TIA! :)

I was thinking the court might use Kirts Sept 28 date for sentencing but that will never happen-- especially when Molter is not sentenced until January 21.

IMO, the Sept 28 date will be set aside.
 
Thanks for ALL that info @Seattle1 - very much appreciated. :)

But!!??
Seattle1 said:
I was thinking the court might use Kirts Sept 28 date for sentencing but that will never happen-- especially when Molter is not sentenced until January 21.

IMO, the Sept 28 date will be set aside.

?? - Molter is the Newton Superior Judge Daniel Molter - so was that supposed to be "someone else"?? Confused...

edited to add: Never mind - I re-read the article again... got it! :D
 
Killer pleads: Torture, murder of West Lafayette woman followed fear ‘she snitched' on meth operation

Sept 4, 2020

KENTLAND – Garett Kirts, a 22-year-old Lebanon man accused in the 2019 torture and murder of Nicole Bowen, admitted Friday to a judge that he and two others conspired to kill the West Lafayette mother of two because they were sure she was going to turn them in for cooking methamphetamine.

Kirts said he and Ashley Garth, a Delphi woman also charged with murder, and a friend named Jason Palladino – a White County man who prosecutors have not charged but say remains “a person of interest” – conspired to get Bowen, 30, to a trailer north of Kentland on the night of March 29, 2019.

[..]

On Friday, Kirts pleaded guilty to murder in a deal that essentially took the chance of life without parole off the table. Kirts had been scheduled for trial later in September.

[..]

Molter sent a sentencing date in January 2021. But Jeff Drinski, Newton County prosecutor, said the terms of the plea deal call for 55 years in prison. The murder charge, had the case gone to trial, could have carried up to 65 years in prison. Drinski had filed for life without parole in the case, saying there were elements of torture in Bowen death.

[..]

The other four people accused of playing roles in the Harrison High School graduate’s death remained in custody, as of Friday, according to jail records.

[..]

According to court documents filed in December 2019 with her murder charge – after DNA evidence suggested she played a larger role in the crime beyond instigating a fight – Garth told police that she considered Bowen “a rival and an enemy because she was the other woman in Kirts’ life.”

Kirts told police that Bowen was reluctant to go in the trailer. At some point, while inside, Garth and Bowen got into it. As they fought, Kirts told police, he stepped in.

Court documents claim Kirts told police that he and Garth then strangled Bowen before wrapping her in a blanket

[..]

Drinski said Garth has a plea agreement pending that would drop the murder charge for a felony charge of assisting a criminal. Drinski said that charge carries a maximum of six years in prison. He said Garth is scheduled to take a polygraph test next week, leading up to her next court date on Oct. 21.

[..]

Three other people have been charged in connection with Bowen’s death.

Talitha Beckley, a 38-year-old Monticello woman who prosecutors say was in the trailer home that night, and Christopher Mathis, a 28-year-old Kentland man who was recruited to help Kirts hide Bowen’s body, have been charged with assisting a criminal, a level 5 felony that carries possible prison sentences of one to six years. Mathis also was charged with obstruction of justice.

Mathis,
who Drinski said also is up for a polygraph test next week, has a pending plea deal and is scheduled for sentencing Oct. 23.

Beckley has asked for a trail [trial]on her charges. Beckley’s next court appearance is scheduled for a hearing Oct. 19.

[..]

Parker, 35, pleaded guilty in October 2019
to assisting a criminal after she admitted that she was in her home that night but had hidden in another room when Bowen was killed. The plea agreement came with a one-year prison sentence, on a charge that carries a sentence of one to six years, along with four years for being a habitual offender.

Kirts’ claim that Palladino was involved was the first in public in the case.

[..]

Still unresolved is Kirts’ possible involvement in the March 2019 death of Ray Hanish, a 49-year-old man found dead in his Reynolds home. The White County coroner ruled the death a homicide, caused by “asyphyxia due to ligature strangulation.”

In December 2019, White County Prosecutor Bob Guy confirmed to the J&C that he was waiting for Kirts’ case in Newton County to wrap up before filing charges connected to Hanish’s death in Reynolds.

[..]

He said investigators did not believe Hanish’s death was murder. He wouldn’t commit to whether a criminal act led to Hanish’s death.

@Niner

I was coming here to post this too. So much info in this article.
 
Big thans @gossheather77 for the results of today's hearing.

I'm still overwhelmed and not sure how I feel about the plea deals for the three other defendants because I believe they were based on two things, passing their polygraphs and testifying against Kirts.

I recall when Kirts agreed to plead guilty earlier and pulled his deal when he realized he had to spend more than 50 years before he'd be eligible for parole.

Prior to Kirts taking a deal, Garth and Molter each had a deal where their her murder charges would be dropped. Instead of spending 65 years in prison, Molter Kirts gets 55 years, and Garth gets a maximum of 6 years.

Garth's plea deal sentence really doesn't set right with me. We know she lied from the very beginning, and it was her DNA all over the ligature that caused her to finally be charged with murder. Six years is barely the sentence for assaulting Nicole before she helped strangle her. Maybe she will fail her polygraph and murder charges will be back on the table. One can only wish...

Personally, I think the new name (Palladino) that came up in court today for the first time may have been something that came out in Kirts own polygraph (I'm assuming he had to take one).

This was one of the most senseless murders I've ever seen. Absolute betrayal.

MOO
^^ Late edits. Confused some names, sorry!
 

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