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

[Niner]

Thursday, September 10th:
*Trial Status Conference Hearing (via Webex) (@ 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 *Mario M. Angulo, Jr. (19) 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 set to begin on 10/5/20.
Court info from 12/19/19 thru 5/7/20 reference post #116 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
5/21/20 Update: During a court hearing Thursday, Judge Michael Christofeno discussed the motion to combine the cases of Angulo, Owen Jr., & Murzynski. Deadlines: July 4: lawyers to file questions/concerns; July 17: prosecution responds to the lawyers' claims; July 27: lawyers respond to prosecution; Aug 3: prosecution final response to lawyers; Aug 6: hearing to determine if the cases will be combined. Owen's attorney opposes joining cases together. The hearing to determine whether to allow the cases to be combined will take place Aug. 6 re the State’s Motion for Joinder of defendants. Trial status hearing on 9/10/20 @ 8:30am & trial set to begin on 10/5/20.
8/6/20 Update: Angulo's competency hearing will be on the same date as the trial status conference. Court now sets this matter for hearing Sept. 10, 2020 at 8:30am with respect to Defendant's competency as the evaluations have been completed. Said hearing will be conducted by Webex.
For *Matthew A.P. Murzynski (24) 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. DA will seek life without parole.
Trial set to begin on 10/5/20.
Court info from 12/19/19 thru 5/19/20 reference post #116 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
5/21/20 Update: During a court hearing Thursday, Judge Michael Christofeno discussed the motion to combine the cases of Angulo, Owen Jr., & Murzynski. Deadlines: July 4: lawyers to file questions/concerns; July 17: prosecution responds to the lawyers' claims; July 27: lawyers respond to prosecution; Aug 3: prosecution final response to lawyers; Aug 6: hearing to determine if the cases will be combined. Owen's attorney opposes joining cases together. The hearing to determine whether to allow the cases to be combined will take place Aug. 6 re the State’s Motion for Joinder of defendants. Trial status hearing on 9/10/20 @ 8:30am & trial set to begin on 10/5/20.
8/6/20 Update: Court having taken this matter under advisement now issues ORDER. State of Indiana's Motion for Joinder of Defendants is hereby GRANTED; Defendant Matthew A. P. Murzynski's Motion for Separate Trial is hereby DENIED. Court now sets this matter for hearing Sept. 10, 2020 at 8:30am with respect to Defendant's competency as the evaluations have been completed. Said hearing will be conducted by Webex.
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. DA will seek life without parole.
Trial set to begin on 10/5/20.
Court info from 12/19/19 thru 5/19/20 reference post #116 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
5/21/20 Update: During a court hearing Thursday, Judge Michael Christofeno discussed the motion to combine the cases of Angulo, Owen Jr., & Murzynski. Deadlines: July 4: lawyers to file questions/concerns; July 17: prosecution responds to the lawyers' claims; July 27: lawyers respond to prosecution; Aug 3: prosecution final response to lawyers; Aug 6: hearing to determine if the cases will be combined. Owen's attorney opposes joining cases together. The hearing to determine whether to allow the cases to be combined will take place Aug. 6 re the State’s Motion for Joinder of defendants. Trial status hearing on 9/10/20 @ 8:30am & trial set to begin on 10/5/20
8/6/20 Update: Court now sets this matter for hearing Sept. 10, 2020 at 8:30am with respect to Defendant's competency as the evaluations have been completed. Said hearing will be conducted by Webex.
Kimberly was held captive by three men. She was then tortured, burned & mutilated while she was still alive. The probable cause affidavit - which describes the nature of the crime in detail - is sealed to protect the identity of witnesses. Police say all three men were involved in gang activity. Confinement Resulting in Serious Bodily Injury, for their actions against one Robert Porter, age 32 of Sturgis, Michigan, alleged to have occurred over the same time period as Ms. Dyer’s torture & murder.

 

[FrostedGlass]

Court starts in less than an hour.
For anyone interested in watching, the streams and calendar:

IN Court Streams - IN Court Streams

Court Calendar - Elkhart Circuit Court

 

[Niner]

@FrostedGlass - too soon to ask for next court date? TIA!

and I got the info - thanks!

 

[FrostedGlass]

Angulo's attorney asked for a new jury trial date and the judge set it for Mar 1, 2021. Murzynski and his attorney agreed but Owen objected. Since all accused were joined, the judge had to go with Owen and kept the current date of Oct. 5, 2020 for all of them.

The courts are backlogged, so the judge advised Owen that the case may be kicked out due to that.

 

[FrostedGlass]

The DoxPop calendar has Angulo scheduled for a status hearing tomorrow at 8:30 am. I'll try to check back late this afternoon to see if it has been cancelled. This is what was said during the last hearing (it's still on the IN court schedule, too):

"Attorney Dixon is ordered to advise Ms. Becker on or before 5:00 p.m. on Sunday, Sept. 13, 2020 as to whether or not the Deft will stipulate as to competency or whether the Sept. 17, 2020 will be necessary."

 

[FrostedGlass]

I haven't seen any changes yet so I'm guessing tomorrow's hearing is still on. If both reports state Angulo is competent to stand trial, then I don't see a reason for the hearing unless the attorney needs more time. At the last hearing, he was talking about getting more depositions and what a close time frame it would be to get everything done.

The judge might be in kind of a tough spot; he has one who is screaming for a speedy trial and the other one who may not get good representation without rescheduling. Somebody may be wishing he hadn't ruled in favor of the Joinder. MOO, of course.

 

[Niner]

Thursday, Sept. 17th:
*Status Conference Hearing (re competency) (via Webex) (@ 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 *Mario M. Angulo, Jr. (19) 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 set to begin on 10/5/20.
Court info from 12/19/19 thru 5/21/20 reference post #141 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
8/6/20 Update: Angulo's competency hearing will be on the same date as the trial status conference. Court now sets this matter for hearing Sept. 10, 2020 at 8:30am with respect to Defendant's competency as the evaluations have been completed. Said hearing will be conducted by Webex.
9/10/20 Update: They were ready to postpone the trials until March 1 & Owen's objected. He told the judge that they've had since January to prepare his case & he's ready. Anguelo's attorney is not ready & he's the one who first requested the new date. He still hasn't read both of the competency results. He also talked about DNA. Owen's attorney is still ordering depositions. The judge & attorneys had a meeting in the chamber. They took Owen away for a little while & then he came back when the judge, etc came back. He & Murzynski were conversing & the prosecutor requested a LE to stand between them. The judge cautioned them to have NO conversation while in his session. Angulo's attorney asked for a new jury trial date & the judge set it for Mar 1, 2021. Murzynski and his attorney agreed but Owen objected. Since all accused were joined, the judge had to go with Owen and kept the current date of Oct. 5, 2020 for all of them. The courts are backlogged, so the judge advised Owen that the case may be kicked out due to that.
9/10/20 Update: Trial status conference & for hearing with respect to competency evaluations. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker & DPA Katelan M. Doyle. Defendant in court in person by Webex from the Elkhart County Correctional Facility & by Thomas M. Dixon, his attorney, by Webex. At the request of Defendant, by counsel, competency hearing is set for Sept. 17, 2020 at 8:30 a.m. with said hearing to be held by Webex. Attorney Dixon is ordered to advise Ms. Becker on or before 5:00 p.m. on Sunday, Sept. 13, 2020 as to whether or not the Defendant will stipulate as to competency or whether the Sept. 17, 2020 will be necessary. Court conducts trial status conference; Defendant moves to continue his jury trial scheduled for Oct. 5, 2020. State has no objection, Defendant has no objection. Court denies the Defendant's motion at this time as a co-defendant (Owen) objects to the continuance. 9/11/20: Document Filed: Sheriff files Consent to Hearing by Remote Access Using Video and/or Audio Technology.
*Matthew A.P. Murzynski (24) – Trial Status Conference hearing on 9/10/20. Trial begins on 10/5/20.
*Donald R. Owen, Jr. (20/now 21) – Trial Status Conference hearing on 9/10/20. Trial begins on 10/5/20.

 

[FrostedGlass]

Angulo was found competent.

 

[Niner]

Angulo was found competent.

So.... trial next on 10/5 for are there more hearings set? TIA!

 

[FrostedGlass]

Still set for 10/5

 

[Niner]

Still set for 10/5

Thanks!

 

[Niner]

Just wondering if there might be a hearing before trial on 10/5 - ??

TIA!

 

[FrostedGlass]

There has been nothing new scheduled. I looked at the calendar and there are 6 other jury trials scheduled for that date. Two others were cancelled due to plea deals.

Since these three are all tied together, what will happen if one decides to plead. Will they all have to plead?

When Owen addressed the judge at the last hearing, he commented that he wanted to see what they had on him. Shouldn't his attorney have shown him the evidence or hasn't his attorney even seen it yet?

 

[Niner]

There has been nothing new scheduled. I looked at the calendar and there are 6 other jury trials scheduled for that date. Two others were cancelled due to plea deals.

Since these three are all tied together, what will happen if one decides to plead. Will they all have to plead?

When Owen addressed the judge at the last hearing, he commented that he wanted to see what they had on him. Shouldn't his attorney have shown him the evidence or hasn't his attorney even seen it yet?

You would think so close to trial that Owen's attorney would know what evidence they have against him - ?? -
I don't believe if one takes a plea that the others have to do the same. Probably just use "that" person as a witness.
And thank you for looking it up for me!

 

[FrostedGlass]

I wonder if the shutdown due to Covid caused attorneys to think they had more time to get things done. Angulo's competency evaluations were filed by 07/17/2020 so I was surprised that his attorney had not reviewed them both by the 09/10/2020 status conference for the trial and comp. evaluations.

Owen was strongly opposed to having his June trial put off so none of the attorneys should not have been surprised at his objection to having it pushed out again. IMO

Elkhart lost its chief public defender, Peter Todd, and I think that threw everyone into a bit of turmoil. Owen's attorney, Jeffrey Majerek, took Todd's place and he's been trying to get 2 additional lawyers and a staffer but he's getting some resistance from the county council and the prosecutor's office.

I went through Oberhansley's case and found 12 responses to his discovery request but I don't find any in these cases.

10/14/2014 = Request for Discovery Filed
DEF'S MOT TO PRODUCE EVIDENCE filed. Orders submitted.
Filed By:Oberhansley, Joseph
Filed By:Karaffa, Nicholas

08/03/2020 = Response Filed
States Twelfth (12th) Supplemental Response to Discovery
Filed By:State of Indiana
File Stamp:08/03/2020

 

[FrostedGlass]

09/28/2020 Motion for Continuance Filed
State of Indiana by DPA Katelan M. Doyle, files Motion to Continue Trial Due to Court Congestion.
Filed By: State of Indiana

09/28/2020 = Administrative Event
The Court now sets State's Motion to Continue Trial Due to Court Congestion for hearing Oct. 1, 2020 at 8:30 a.m. with said hearing to be held by Webex. cj

09/28/2020 Hearing Scheduling Activity
Hearing on Motion for Continuance scheduled for 10/01/2020 at 8:30 AM.

10/01/2020 = Hearing on Motion for Continuance
Session: 8:30 AM, Judicial Officer: Christofeno, Michael A

10/05/2020 = Jury Trial
Session: 06/15/2020 8:30 AM, Rescheduled
Session: 10/05/2020 8:30 AM, Judicial Officer: Christofeno, Michael A

 

[FrostedGlass]

Owen also has another case hearing on that date and time
20C01-1804-F6-000631 = Violation of Probation

Murzynski has 2 other cases that are scheduled for trial on 10/5
20C01-1910-CM-001745 = Bench Trial: driving while suspended
20C01-1911-F5-000274 = Jury Trial: domestic battery

 

[Niner]

09/28/2020 Motion for Continuance Filed
State of Indiana by DPA Katelan M. Doyle, files Motion to Continue Trial Due to Court Congestion.
Filed By: State of Indiana

09/28/2020 = Administrative Event
The Court now sets State's Motion to Continue Trial Due to Court Congestion for hearing Oct. 1, 2020 at 8:30 a.m. with said hearing to be held by Webex. cj

09/28/2020 Hearing Scheduling Activity
Hearing on Motion for Continuance scheduled for 10/01/2020 at 8:30 AM.

10/01/2020 = Hearing on Motion for Continuance
Session: 8:30 AM, Judicial Officer: Christofeno, Michael A

10/05/2020 = Jury Trial
Session: 06/15/2020 8:30 AM, Rescheduled
Session: 10/05/2020 8:30 AM, Judicial Officer: Christofeno, Michael A

Is this one for Angulo? ^^

Owen also has another case hearing on that date and time
20C01-1804-F6-000631 = Violation of Probation

Murzynski has 2 other cases that are scheduled for trial on 10/5
20C01-1910-CM-001745 = Bench Trial: driving while suspended
20C01-1911-F5-000274 = Jury Trial: domestic battery

And when you say Own also has another hearing on that date & time - do you on 10/1/20 at 8:30am?

TIA!

 

[FrostedGlass]

09/28/2020 Motion for Continuance is for the murder case and pertains to all three of them:

Angulo only has the murder trial.

Owen also has status conferences this one 20C01-1804-F6-000631
it's on the calendar for the 1st and the 5th

Sorry for the confusion; I was toggling between 6 cases and 2 calendars

I have no idea what they will do with Murzynski's cases; I have to wonder why they scheduled 2 jury trials and 1 bench trial for him in the same day.

 

[MaryG12]

So, with Matthew Murzynski, at least, he is a member of the Latin Kings gang. They call it an "organization", but it is a gang. How do I know this?? Well, I hate to admit it, but his girlfriend (not his wife that he stabbed) happens to be my ex. She is currently an escort and is also an alcoholic and does and sells drugs. She is black, but since her great grandmother is from the Dominican, she claims to be Latina now. She is 38 and says on her escorting posts that she is 28. I really don't care what happens to her, other than I hope she is enjoying the gang life which she escaped 20 years ago in Altlanta. That is how I found this page in the first place, she was posting on facebook that her "corazon" was innocent and being falsely accused, so I did a search for him, and bam, I am here. Anyways, I have been debating on contacting the Elkhart Prosecutor's office, but have been hesitant because she used to date a Mishawaka cop and hang with the Elkhart cops. A few of which had visited our home and threatened me numerous times.

That explains it.

In my home state of CT, Latin Kings and 20 Love were at each others throats for decades upon decades - at least since the 1980's when I was in high school. Couldn't even read the daily newspaper without seeing a reference to one or the other gang on the front page.

Very sad about Kimberly Dyer.