GUILTY IN - Annalysa McMillan, 19, shot and killed by back seat passenger, Marion, 26 Nov 2019

JerseyGirl

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  • #1
Annalysa McMillan, 19, was driving her car Tuesday in Marion, Indiana when a gun discharged in the passenger seat behind her, striking her.

The cause of death was determined to be one gunshot to McMillan’s back and the manner of death has been ruled a homicide. The shooting caused a minor accident with another driver.

Austin Smith, 22, was sitting behind McMillan with the rifle when it discharged. Smith is being held on bond on charges of reckless homicide and criminal recklessness while armed with a deadly weapon.

Indiana Teen Killed By Backseat Passenger While Driving
 
  • #2
Gives a whole new meaning to "Back Seat Driver."
 
  • #3
Not in the court site yet....
 
  • #4
Oops - missed his hearing by one day....

12/05/2019 Case Opened as a New Filing

12/06/2019 Case Filed Electronically
Added By EFile Manager
12/06/2019 Appearance Filed
Appearance
For Party: State of Indiana
File Stamp: 12/05/2019
12/06/2019 Information Filed
Information
Filed By: State of Indiana
File Stamp: 12/05/2019
12/06/2019 Probable Cause Affidavit Filed
PROBABLE CAUSE.pdf
Filed By: State of Indiana
File Stamp: 12/05/2019
12/06/2019 Cash Bond Entered in Clerk's Office

12/07/2019 Automated Paper Notice Issued to Parties
Appearance Filed ---- 12/6/2019 : Austin Mark Smith
12/07/2019 Automated ENotice Issued to Parties
Appearance Filed ---- 12/6/2019 : Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt

12/09/2019 Appearance Filed
Appearance
For Party: Smith, Austin Mark
File Stamp: 12/09/2019
12/09/2019 Request for Discovery Filed
Motion for Discovery
Filed By: Smith, Austin Mark
File Stamp: 12/09/2019

12/10/2019 Automated Paper Notice Issued to Parties
Appearance Filed ---- 12/9/2019 : Austin Mark Smith Request for Discovery Filed ---- 12/9/2019 : Austin Mark Smith

12/10/2019 Automated ENotice Issued to Parties
Appearance Filed ---- 12/9/2019 : Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt Request for Discovery Filed ---- 12/9/2019 : Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt

12/10/2019 Bond Form Filed
Bond posted in the amount of $1000.00 by Raeanne Segovia. Initial Hearing is set for Defendant to appear on 12-16-19 at 9:00 am. cf
Filed By: Smith, Austin Mark
File Stamp: 12/09/2019
12/10/2019 Hearing Scheduling Activity
Initial Hearing scheduled for 12/16/2019 at 9:00 AM.

12/11/2019 Automated ENotice Issued to Parties
Bond Form Filed ---- 12/10/2019 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt Hearing Scheduling Activity ---- 12/10/2019 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt

12/16/2019 Initial Hearing
Session: 12/16/2019 9:00 AM, Judicial Officer: Kenworthy, Dana J.

link: Indiana Supreme Court public access case search - MyCase
 
  • #5
Monday, December 16th:
*Initial Hearing (@ 9am ET) - IN – Annalysa McMillian (19) (Dec. 3, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Held without bond. Posted bond (12/10/19) of $1K.
12/10/19 Update: Initial hearing on 12/16/19.
 
  • #6
Another Indiana case @SeesSeas - I'm really sorry to bother you on these "new" cases for you!

I search under his whole name: Austin Mark Smith.
 
  • #7
What on earth...how did he think it was a good idea to transport a loaded rifle like this? Why aren't people trained better? I'm assuming it was an "accident" and that she wasn't his hostage or something.
 
  • #8
Another Indiana case @SeesSeas - I'm really sorry to bother you on these "new" cases for you!

I search under his whole name: Austin Mark Smith.
Homicide date is 11/26/19 (not 12/3/19).
Nothing new on the docket:

Indiana Supreme Court public access case search - MyCase
State of Indiana v. Austin Mark Smith
Case Number 27D02-1912-F5-000154
Court Grant Superior Court 2
Type F5 - Felony 5
Filed 12/05/2019
Status 12/05/2019 , Pending (active)

Charges
01 11/26/2019 35-42-1-5/F5: Reckless Homicide def. recklessly kills another human being
02 11/26/2019 35-42-2-2(a)/F6: Criminal Recklessness committed with a deadly weapon.

Bonds
12/06/2019 Grant Cash Bond - $1,000.00

Chronological Case Summary
12/16/2019 Initial Hearing
Session: 12/16/2019 9:00 AM, Judicial Officer: Kenworthy, Dana J.
 
  • #9
Thanks for the correction on the homicide date! Changed! :)
 
  • #10
@Jewels53 - don't know if there might be an update on this case - see post #8 for info on this case. TIA! :)
 
  • #11
@Jewels53 - don't know if there might be an update on this case - see post #8 for info on this case. TIA! :)
There is nothing new on the case. Everything on post #8 stands the same.
 
  • #12
  • #13
@Jewels53 - anything new on court dates on this one? TIA! :)
 
  • #14
@Jewels53 - anything new on court dates on this one? TIA! :)


State of Indiana v. Austin Mark Smith
Case Number 27D02-1912-F5-000154

01/16/2020
Order on Initial Hearing
Present:
Smith, Austin Mark
Present:
State of Indiana
Present:
Hunt, Scott J.
Present:
Grant County Probation Department
Present:
Persinger, Craig
Order Signed:
12/16/2019

01/16/2020
Hearing Scheduling Activity

Pretrial Conference scheduled for 02/10/2020 at 1:30 PM.

01/16/2020
Hearing Scheduling Activity

Final PreTrial Conference scheduled for 05/11/2020 at 1:30 PM.

01/16/2020
Hearing Scheduling Activity

Jury Trial scheduled for 06/23/2020 at 8:30 AM.

02/10/2020
Pretrial Conference


Session:
02/10/2020
1:30 PM, Judicial Officer: Kenworthy, Dana J.

05/11/2020
Final PreTrial Conference


Session:
05/11/2020
1:30 PM, Judicial Officer: Kenworthy, Dana J.

06/23/2020
Jury Trial


Session:
06/23/2020
8:30 AM, Judicial Officer: Kenworthy, Dana J.

Indiana Supreme Court public access case search - MyCase
 
  • #15
  • #16
Monday, February 10th:
*Initial Hearing (@ 9am ET) - IN – Annalysa McMillian (19) (Nov. 26, 2019, shot & killed by back seat passenger, Marion) - *Austin Mark Smith (22) charged (12/3/19) with reckless homicide, criminal recklessness while armed with a deadly weapon (AR15 rifle). Plead not guilty. Held without bond. Posted bond (12/10/19) of $1K. Trial set to begin on 6/23/20.
12/10/19 Update: Initial hearing on 12/16/19. 12/16/19: Next pretrial conference hearing on 2/10/20, final pretrial hearing on 5/11 & trial will start on 6/23/20.
 
  • #17
Hey @Jewels53 - any court date before the May 11th one yet on the court site? TIA! :)
 
  • #18
State of Indiana v. Austin Mark Smith
Case Number 27D02-1912-F5-000154

02/10/2020
Pretrial Conference
Session:
02/10/2020 1:30 PM, Judicial Officer: Kenworthy, Dana J.

02/10/2020
Notice Filed
Notice of Discovery Compliance
Filed By:
State of Indiana
File Stamp:
02/09/2020

02/10/2020
Motion Filed
Motion for Discovery
Filed By:
State of Indiana
File Stamp:
02/09/2020

02/11/2020
Automated ENotice Issued to Parties
Notice Filed ---- 2/10/2020 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt Motion Filed ---- 2/10/2020 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt

02/11/2020
Hearing Journal Entry
State appears by Scott Hunt. Craig Persinger appears on behalf of Defendant. Pretrial held during morning session. Final pretrial remains set for 5-11-20 at 1:30 p.m. db
Hearing Date:
02/10/2020

02/11/2020
Order on Pretrial Conference
Order Signed:
02/10/2020

02/12/2020
Automated ENotice Issued to Parties
Order on Pretrial Conference ---- 2/11/2020 : Craig Persinger;Grant County Probation Department;Rodney Lee Faulk;Scott J. Hunt

05/11/2020
Final PreTrial Conference
Session:
05/11/2020 1:30 PM, Judicial Officer: Kenworthy, Dana J.

06/23/2020
Jury Trial
Session:
06/23/2020 8:30 AM, Judicial Officer: Kenworthy, Dana J.

Indiana Supreme Court public access case search - MyCase

@Niner just a couple of things added, Notices mainly.
 
  • #19
Thank you Jewels!! :)

I'll wait another week - and will ask you again! :D
 
  • #20
I am going to "assume" next court hearing is 5/11/20? @Jewels53 ?? :)
 

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