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

[FrostedGlass]

Third co-defendant not called to testify in murder trial

Prosecution is finished making their case.

 

[FrostedGlass]

Defense rested today. I missed opening statements but I'm sure going to try to catch the closing ones tomorrow.

I'm really disappointed with the news coverage of the trial; they were all over this when they made arrests.

 

[Niner]

Thursday, April 29th:
*Trial continues (Day 9)-Closing Arguments (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart, found) & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - for *Mario M. Angulo, Jr. (19/now 20) 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.
for *Donald R. Owen, Jr. (20/now 22) 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 began on 4/19/21 with jury selection & ended on 4/29/21 with closing arguments.
Kimberly info & court info from 12/19/19 thru 4/26/21 (Trial 4/19 thru 4/26/21) reference post #300 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/27/21 Tuesday Day 7 of trial: State witness: DNA expert from IN State police lab. DA spent most of the day yesterday going over phone records, Facebook messages & posts. Jose Lopes. Matthew Murzynski was questioned outside the presence of the jury, which Circuit Court Judge Michael Christofeno explained was to make sure ahead of time that he wouldn’t do something that could cause a mistrial. Jeffrey Majerek & Thomas Dixon, the attorneys for Owen & Angulo, asked Murzynski about what he saw during the incident at an Old Orchard Lane residence. Police say Dyer was killed that night & Robert Porter of Sturgis, Michigan, was confined, abused & robbed. He also said no one ever admitted to him that they killed Dyer. Despite assurances from Murzynski that he would give the same answers if questioned in front of the jury, neither Majerek & Dixon nor Prosecutor Vicki Becker wanted to formally call him to take the stand. Elkhart County Prosecutor Vicki Becker announced that the state had finished making its case. The trial is expected to resume Wednesday, with testimony from witnesses called by the defendants. No other info available. Trial continues on 4/28/21.
4/28/21 Wednesday Day 8 of trial: Defense started presenting their case. Defense rested their case. No other info available. Trial continues on 4/29/21 for closing arguments.
*Matthew A.P. Murzynski (24/now 25) – Plead guilty to counts of aiding, inducing or causing a robbery that resulted in serious bodily injury; and aiding, inducing or causing criminal confinement; along with a criminal gang sentencing enhancement, in an agreement that sets a total sentence of 60 years. Murzynski was not required to testify at the trial as part of his plea bargain. Sentencing on 5/6/21.

 

[FrostedGlass]

The judge thought he would be done with his other cases by 10 am (it's 9:50 right now). Anyone who is interested in watching should probably log into the live stream site.

IN Court Streams - IN Court Streams
Elkhart Circuit Court - (Judge Michael Christofeno)

 

[Niner]

@FrostedGlass - so is the jury deliberating?

TIA!

 

[FrostedGlass]

Not yet. Prosecution has just started giving their final rebuttal. Then the judge will give his instructions to the jury.

 

[FrostedGlass]

The jury has all their instructions and have left for the deliberation room.

 

[FrostedGlass]

The jury has decided.

The banner on the court site reads: Guilty On All Counts.

 

[Niner]

The jury has decided.

The banner on the court site reads: Guilty On All Counts.

Thank you!! Any word on "when" they will be sentenced? TIA for all your help on this case!

 

[FrostedGlass]

There's nothing on the court site yet.

 

[FrostedGlass]

Becker intends to seek sentences of life in prison without parole against Owen and Angulo based on their affiliation through alleged gang activity. Since life exceeds the maximum of 65 years in prison on a murder charge, separate arguments have to be made to seek the enhanced sentence.

Judge Christofeno ordered the jury to reconvene to hear those arguments beginning Monday, May 17.

Elkhart men convicted of murder from 2019 case

 

[FrostedGlass]

Third co-defendant not called to testify in murder trial

Prosecution is finished making their case.

This case is going to be a hard one for me to let go of. This was a heinous crime and 'someone must pay' but I'm not convinced it was both of the ones who were sentenced. Here's a snip from the article about Murzynski's testimony. He was not called to testify in front of the jury because they feared he would say something to cause a mistrial.

He claimed that he left before Dyer was killed so he didn’t see what happened. He denied that Owen ordered Dyer down to the basement or commanded anyone to kill her, or that he saw Angulo injure her.

He also said no one ever admitted to him that they killed Dyer.

 

[FrostedGlass]

Murz:

05/03/2021 = Pre-Sentence Investigation Report Filed
Presentence Investigation Report
Filed By: Elkhart County Probation Department
File Stamp: 04/30/2021

05/04/2021 = Motion for Continuance Filed
Continue Hearing - Motion
Filed By: State of Indiana
File Stamp: 05/03/2021

05/06/2021 = Sentencing Hearing
Session: 05/06/2021 8:30 AM, Judicial Officer: Christofeno, Michael A

 

[FrostedGlass]

05/04/2021 = Administrative Event
Motion to Continue set for hrg 05/06/2021 at 8:30 a.m. cm:d
File Stamp: 05/04/2021

05/05/2021 = Automated ENotice Issued to Parties
Administrative Event ---- 5/4/2021 : Elkhart County Probation Department;Vicki Elaine Becker;Christopher John Petersen;Jack Edward Roebel;Victim Assistance

05/06/2021 = Sentencing Hearing
Session: 05/06/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: and Motion to Continue

 

[FrostedGlass]

This is just to bring the court records current, beginning with final arguments:
Owen and Angulo

04/30/2021 = Hearing Journal Entry
Day nine jury trial. State of Indiana in court by Prosecuting Attorney Vicki Elaine Becker and DPA Katelan M. Doyle. State's designated representative, Lt. Michael Carich, appears. Deft, Mario M. Angulo, Jr., in court in person and by Thomas M. Dixon, his attorney, Attorney Dixon's paralegal, Kamy, also appears. Deft, Donald R. Owen, Jr., in court in person and by Chief PD Jeffrey A. Majerek and DPD Fay Schwartz. Parties present; State makes final argument; Deft makes final argument; State makes final rebuttal argument. Court reads Final Instructions. Jury retires to deliberate. cj
Hearing Date:04/29/2021

04/30/2021 = Final Instructions Filed
Final Instructions filed. cj
File Stamp:04/29/2021

04/30/2021 = Jury Verdict Filed
VERDICT: Donald R. Owen, Jr., Guilty of: Count I, Murder, a Felony, Count II, Robbery Resulting in Serious Bodily Injury, a Level 2 Felony, Count III, Criminal Confinement, a Level 3 Felony and Count IV, Criminal Confinement, a Level 3 Felony. cj
File Stamp:04/29/2021

04/30/2021 = Order Issued
Judgment of Conviction entered finding the Deft guilty of Count I, Murder, a Felony, Count II, Robbery Resulting in Serious Bodily Injury, a Level 2 Felony, Count III, Criminal Confinement, a Level 3 Felony and Count IV, Criminal Confinement, a Level 3 Felony. cj
Order Signed:04/29/2021

04/30/2021 = Administrative Event
Court now sets Phase II for May 17, 2021 at 8:30 a.m. Court further sets this cause for trial status conference May 13, 2021 at 8:30 a.m. Court directs counsel to file all mitigators they want included in the preliminary and final instructions for Phase II on or before May 12, 2021. cj
File Stamp:04/29/2021

04/30/2021 = Hearing Scheduling Activity
Status Conference scheduled for 05/13/2021 at 8:30 AM.

04/30/2021 = Hearing Scheduling Activity
Hearing scheduled for 05/17/2021 at 8:30 AM.

05/13/2021 = Status Conference
Session:05/13/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Trial Status Conference - Phase II

05/17/2021 = Hearing
Session:05/17/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: Phase II - LWOP

 

[Niner]

Thursday, May 6th:
*Motions Hearing & Sentencing Hearing (via Webex) (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart); not found & Robert Curtis Porter (32/now 33) serious injuries during robbery (Oct. 21-22, 2019) - for *Matthew A.P. Murzynski (24/now 25) 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. *Charged (5/4/20) with domestic battery by means of a deadly weapon.
*Charged with driving while suspended, knowing violation & prior conviction w/in 10 years.
Trial was set to begin on 4/19/21 & Bench trial for driving while suspended on 4/19/21 were cancelled with guilty plea on 3/25/21.
Court info from 12/19/19 thru 3/11/21 reference post #235 here:
GUILTY - IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
3/18/21 Update: Next status hearing on 3/25/21. 3/19/21: State's Notice of Intent to offer I.R.E. 404(B) evidence filed. State's request for search warrant; affidavit for search warrant filed. State's Notice of Exclusion of confidential info. State's motion for evidence Rule 404(B) Disclosure filed. 3/22/21: Order: Granting request for search warrant.
3/24/21 Update: Defense files motion to enter plea pursuant to Plea Agreement. 3/25/21 Update: Plea agreement: Judgment by Judge Michael A. Christofeno: Robbery resulting in serious bodily injury/injury to someone other than a defendant. Criminal confinement charges dismissed. Commit felony while member of/at direction of criminal gang enhancement-plea agreement. 3/25/21 Update: Status conference hearing held. State of IN. prosecutor attorney Vicki E. Becker & DPA Katelan M. Doyle & defendant in court in person & DPD Jack E. Roebel, both by Webex & by DPD Christopher J. Petersen, in person. Defendant attempts to withdraw his not guilty plea & enter a plea of guilty pursuant to plea agreement & disclosure form. Court declines to accept the plea as a result of defendant's failure to make a factual basis. Court resets status conference to 4/1/21 @ 2pm with counsel only to appear in person. Order granting Motion to Enter plea pursuant to plea agreement. Defendant advised of the privilege against compulsory self-incrimination, right to trial by jury & the right to confront one's accusers. Guilty of Count 1: Aiding, inducing or causing robbery resulting in serious bodily injury (Felony2). Count 2: Aiding, inducing or causing criminal confinement (Felony 3) & page 2 criminal gang sentence enhancement; PSI ordered. Cause set for sentencing 5/6/21 @ 8:30am by Webex. Court vacates defendant's jury trial on 4/19/21, reason: agreed resolution & court further vacates status conference scheduled on 4/1/21.
3/26/21 Update: Judge denied Murzynski’s plea of guilty. And Judge has accepted guilty plea. 5/3/21: Presentence investigation report filed by Elkhart County Probation Dept. 5/4/21: Motion for continuance filed by State. Motion to continue set for hearing on 5/6/21 @ 8:30am & sentencing hearing.
*Donald R. Owen, Jr. (20/now 22) - Trial began on 4/19/21 & ended 4/29/21 with guilty on all counts. Status conference hearing on 5/13/21 & sentencing hearing on 5/17/21.
*Mario M. Angulo, Jr. (19/now 20) – Trial began on 4/19/21 & ended 4/29/21 with guilty on all counts. Status conference hearing on 5/13/21 & sentencing hearing on 5/17/21.

 

[Niner]

So @FrostedGlass - did Murz get sentenced? TIA!

 

[FrostedGlass]

They have not updated yet. This is all there is:

05/06/2021 = Sentencing Hearing
Session: 05/06/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: and Motion to Continue

 

[Niner]

They have not updated yet. This is all there is:

05/06/2021 = Sentencing Hearing
Session: 05/06/2021 8:30 AM, Judicial Officer: Christofeno, Michael A
Comment: and Motion to Continue

Thanks!

 

[FrostedGlass]

Here's an article regarding the motion to continue; I wonder why they waited until the last minute to do this. They've had trial dates for a long time.

Sentencing rescheduled for man involved in murder, robbery case

Deputy Prosecuting Attorney Katelyn Doyle sought the delay, arguing in a motion that Angulo and Owen's trial should be resolved first. She pointed out information that wasn't used at trial may come up during Murzynski's sentencing, and that the jury wasn't told of Murzynski's plea. The filing cited concerns jurors could be unintentionally exposed to the information before the hearing on the 17th.

Judge Michael Christofeno approved the motion and reset Murzynski's sentencing hearing to June 3.