MCPO Hosts 3rd Annual Prayer for Peace During National Crime Victims' Rights Week

A Madison County Circuit Court 4 jury took only twenty minutes to return guilty verdicts in the trial of State of Indiana v. Ricky D. Johnson. Johnson was convicted of three counts of Dealing in Methamphetamine as Level 2 felonies after a three day jury trial. Johnson admitted to being a Habitual Offender and Judge David Happe set sentencing for May 21st at 9 am where Johnson faces a possible sentence of 16-50 years. At trial, the State's case was presented by Deputy Prosecutors Kady Coulon and Jennifer Haley. The case was investigated by Detective LeeAnn Dwiggins and the Madison County Drug Task Force.

On May 3, 2000, while on electronic monitoring for violating his parole, 16-year-old Joshua Davies broke into his next-door-neighbor’s home by cutting a screen and opening a kitchen window. Davies then entered the bedroom of thirteen-year-old Jessica Lyons, hit her on the head with a hammer and attempted to rape her. Lindsay Haston, Jessica’s sister, rushed into the room to stop Davies and Davies hit her in the head with a hammer until she “blacked-out.” Jessica’s father, Rob Lyons, awoke and chased Davies out of the home. Jessica later died from multiple blunt force injuries to her head. On May 9, 2000, the State charged Joshua Davies with Criminal Confinement, a Class B felony; Rape, a Class A felony; Child Molesting, a Class A felony; Burglary Resulting in Bodily Injury, a Class A felony; Aggravated Battery, a Class B felony; Attempted Murder, a Class A felony; and Murder, a felony. Due to the charges and Davies’ age, the case was filed directly in adult court. On August 31, 2000, the State filed an amended information requesting a death sentence. On December 27, 2000, Davies signed a plea agreement. Under the terms of the agreement, he agreed to plead guilty to Burglary Resulting in Bodily Injury, a Class A felony; Aggravated Battery, a Class B felony, Murder, a felony, and Criminal Deviate Conduct, a Class A felony. The plea left the sentence open to the trial court ranging from a term of years to Life Without Parole. A bench trial was held on February 5-6, 2001, in front of Judge Dennis Carroll. Following the presentation of evidence, Judge Carroll found the aggravation outweighed the mitigation and sentenced Davies to an aggregate executed sentence of 108 years. Specifically, the Court sentenced Davies to 26 years for Criminal Deviate Conduct, a Class A felony, 62 years for Murder, a felony, and 20 years for Burglary Resulting in Bodily Injury, a Class A felony. Each of the sentences were ordered served consecutive to each other at the Indiana Department of Correction. The sentence was affirmed on appeal on November 28, 2001 in Davies v. State , 758 N.E.2d 981 (Ind. Ct. App. 2001). On June 25, 2014, Davies filed a pro se Petition for Post-Conviction Relief. The Public Defender’s Office entered its appearance on behalf of Davies on July 24, 2014. On August 5, 2022, Davies’ post-conviction counsel filed an Amended Post-Conviction Petition alleging: (1) the plea was not entered into a knowing, intelligent and voluntary manner, (2) trial counsel was ineffective; (3) appellate counsel was ineffective; (4) Davies’ de facto life without parole sentence violates the federal and state constitutions; (5) there is newly discovered evidence based on advances in developmental psychology and neuroscience, and (6) Davies’ sentence is inappropriate due to significant changes in the legal landscape since imposition of his sentence. On August 21, 2023, Davies filed an additional claim that Davies’ sentence violates the prohibition against Cruel and Unusual Punishment. An evidentiary hearing was held on the Petition for Post-Conviction Relief on September 8, 2023, where Davies and the State of Indiana presented evidence. Judge Angela Warner Sims, special judge, issued Findings of Fact and Conclusions of Law on April 12, 2024. Therein, Judge Sims denied all of Davies claims, concluding: Petitioner’s guilty plea was knowing and voluntary. Petitioner has failed to carry his burden and relief is DENIED. Petitioner has failed to carry his burden to prove ineffectiveness of trial or appellate counsel, and his claims for relief are DENIED. Petitioner’s claims pertaining to the appropriateness of his sentence are barred by the doctrine of res judicata . However, even if the court was permitted to consider them, for the reasons stated herein, the court cannot find that Petitioner’s sentence is inappropriate under current Indiana Appellate Rule 7(B). Petitioner’s sentence is not cruel and unusual punishment, not does his continued incarceration violate Ind. Const., Art. 1, s. 18. Petitioner’s claims for relief under those two constitutional provisions are DENIED.

Join us for the 3rd Annual Prayer for Peace!

On April 4, 2024, a Madison County Circuit Court 3 jury found Rickey J. Idlewine guilty of two counts of Child Molest, as Level 4 felonies. Following the jury's verdict, Judge Andrew Hopper remanded Idlewine into custody and set sentencing for Wednesday, May 8, 2024, where the Defendant faces a sentence of 2-24 years. At trial, the State's case was presented by Deputy Prosecutors Dan Kopp and Gina Koorsen. The case was investigated by Detective Caitlin Morency of the Madison County Sheriff's Department.

Jury Rejected William's Argument for Voluntary Manslaughter

On March 27, 2024, Judge Andrew Hopper sentenced Walter Lee Myers, III to 39 years with 30 years to be executed at the Indiana Department of Correction and 9 years to be suspended to probation. The Court also found Myers to be a sexually violent predator and ordered him to register as a sex offender for life. Myers was convicted of two counts of Child Molesting, as Level 1 felonies. The State's case was presented by Deputy Prosecutor Dan Kopp. The case was investigated by Detective Ginder of the Anderson Police Department.

On March 27, 2024, Carols Rivera-Hood was sentenced to an aggregate total of twenty-nine (29) years with 24.5 years to be executed at the Indiana Department of Correction and 4.5 years suspended to probation. Judge Andrew Hopper also found Rivera-Hood to be a sexually violent predator and ordered him to register as a sex offender for life. The sentence comes as a result of Rivera-Hood being convicted of Child Molesting, a Level 4 felony, Performing Sexual Conduct in the Presence of a Minor, a Level 6 felony, and the Habitual Offender Enhancement. The State's case was presented by Deputy Prosecutor Dan Kopp. The case was investigated by Detective Courtney Ginder of the Anderson Police Department.

On March 7, 2024, the Madison County Prosecutor's Office hosted students from Anderson High School's D26 Human Services & Criminal Justice Field Trip. Students from the Career Center received a tour of the Madison County Government Center and attended presentations from various representatives of Madison County's Criminal Justice System. A special thanks to all those who participated in the program: Dispatch: Executive Director Jenny Chambers NCIC Coordinator SuLyn Wilkerson Anderson Police Department: Detective Brian Gehrke Officer Trevor Hughes Victim Assistant Hanna Farmer Madison County Sheriff’s Department: Captain Darwin Dwiggins Jail Commander Michelle Sumpter Transport Extradition Coordinator Caleb Marlow Kids Talk Forensic Interviewing Facility: Becky Oldham Madison County Prosecutor’s Office: Prosecutor Gabriella Capocelli Director of Victim Services Betsy Baxter Investigator Mark Brizendine Public Defender’s Office: Chief Public Defender Bryan Williams Attorney NiCale Rector Madison County Judiciary: Judge Mark Dudley Madison County Probation Department: Probation Officer Susan Bentley Madison County Community Corrections: Executive Director David Kane Indiana State Parole: Parole Agent Eddie Massey Parole Agent Tyler Elliott

A Madison County Circuit Court 6 jury found Gregory Williams guilty of Attempted Robbery, a Level 5 felony, Intimidation, a Level 5 felony, and Possession of Cocaine, a Level 6 felony. Judge Mark Dudley set Williams' sentencing for March 15, 2024, where he faces a maximum sentence of twelve (12) years. At trial, the State's case was presented by Deputy Prosecutors Matt Savage and Tyler Piraino. The case was investigated by Detective Brett Webb of the Anderson Police Department.

On Friday, February 9, 2024, Judge Mark Dudley sentenced Lazarus White to 26 years to be executed at the Indiana Department of Correction. White pleaded guilty on the morning of his scheduled jury trial to Count I: Criminal Recklessness, a Level 5 felony; Count II: Unlawful Possession of a Firearm by a Serious Violent Felon, a Level 4 felony, and Count III: Pointing a Firearm, a Level 6 felony. In a subsequent bench trial, Judge Dudley found Lazarus White to be an Habitual Offender. Judge Dudley sentenced White to a total of 10 years for the underlying offenses and an additional 16 years for the Habitual Offender enhancement for a total sentence of 26 years to be served at the Indiana Department of Correction. The State's case was presented by Deputy Prosecutor Tyler Piraino and the case was investigated by Officer Joseph Thanas of the Anderson Police Department. The case stems from an incident on May 31, 2023, where White was found at the corner of Madison Avenue and MLK Blvd waiting a gun at passing vehicles. Responding officers from the Anderson Police Department witnessed White fire the gun in the air. White complied with commands from officers and was placed into custody. White is considered a Serious Violent Felon due to his 2007 conviction for Burglary. Since then, he has twice been convicted of Possession of a Firearm by a Serious Violent Felon. 

Following a three-day jury trial in Madison County Circuit Court 4, William Ross was found guilty of the following offenses: Count I, Child Molest, a Level 1 felony; Count II, Child Molest, a Level 1 felony; Count III, Child Molest, a Level 1 felony; and Count IV, Child Molest, a Level 4 felony. Judge David Happe set Ross's sentencing for February 20, 2024, where he faces a maximum sentence of 132 years. At trial, the State's case was presented by Deputy Prosecutor Dan Kopp and Chief Deputy Prosecutor Andrew Hanna. The case was investigated by Detective Matt Kopp of the Anderson Police Department.

Following a three day jury trial in Madison County Circuit Court 6, Aron Smith was found guilty of the following offenses: Count 1: Resisting Law Enforcement, a Level 6 felony; Count 2: Resisting Law Enforcement, a Level 6 felony; Count 3: Failure to Remain at the Scene of an Accident, a Class B Misdemeanor; Count 4: Burglary, a Level 4 felony; Count 5: Auto Theft, a Level 6 felony; and Count 6: Theft, a Class A Misdemeanor. Smith subsequently admitted to being a Habitual Offender. Judge Mark Dudley set Smith's sentencing for February 2, 2024, where he faces a maximum sentence of forty (40) years. At trial, the State's case was presented by Deputy Prosecutors Matt Savage and Tyler Piraino. The case was investigated by Officer Doug Stanton of the Elwood Police Department. Smith represented himself at trial, pro se.

On Monday, December 18, 2023, Jiam Hart pleaded guilty to Murder for the 2022 stabbing death of his mother, Janet Hart. In Indiana, Murder carries a sentence between 45 year to 65 years. Pursuant to terms of Hart's plea agreement, Judge Angela Warner Sims sentenced Hart to 55 years to be executed at the Indiana Department of Correction. The State's case was presented by Deputy Prosecutor Jen Haley. The case was investigated by Detective C.J. Christian of the Anderson Police Department.

Jury Deliberated for an Hour and Thirty Minutes

Jury finds Thompson Guilty in Less Than 15 Minutes

Indiana Court of Appeals Affirms De'Torio Fleming's 64-year Sentence for Murder

After three hours of deliberation, a Madison Circuit Court 6 jury found Thomas Dunigan guilty of Arson Resulting in Bodily Injury, a Level 3 felony, and Domestic Battery, a Level 6 felony. Judge Mark Dudley set Dunigan's sentencing for December 8, 2023, where he faces a maximum sentence of 18.5 years. On January 6, 2022, the Anderson Fire Department responded to H & K Motel located at 583 Broadway St., in Anderson for a reported structure fire. Due to reports that people may be inside the room where the fire was located, the first firefighter on scene entered the room and sustained smoke inhalation. The firefighter was treated on scene and transported to the hospital. A subsequent investigation determined that Dunigan had engaged in a verbal argument with his then girlfriend which turned physical and Dunigan had thrown her to the ground and kicked her in the face. After his girlfriend had escaped from the motel room, Dunigan lit the room on fire and left on his bicycle. The State's case was presented by Deputy Prosecutors Tyler Piraino and Alex Echeverria. The case was investigated by Fire Investigator Anthony Malon of the Anderson Fire Department and Officer Zachary Taylor of the Anderson Police Department.

On November 9th and 10th, the Madison County Prosecutor's Office funded and hosted a Firearm Liaison Training conducted by the Indiana Gun Crime Task Force, Deputy Prosecutor Rebecca Lesh of the Boone County Prosecutor's Office, ATF, and the U.S. Attorney's Office for the Southern District of Indiana.  This training was created in response to several line-of-duty deaths of law enforcement officers at the hands of suspects who had recent firearm cases pleaded-down or dismissed entirely. A subsequent investigation revealed either a lack of evidence or other inadequacies in those cases which resulted in their disposition. Thus, Firearm Liaison training was created to address those inadequacies and to build stronger cases which could result in more convictions for those illegally possessing firearms. Rather then simply collecting a firearm located on-scene, Firearm Liaison training instructs officers how to properly: (1) photograph the scene and the located firearm; (2) collect potential fingerprints; (3) collect potential DNA; (4) interview any suspects regarding the located firearm; (5) obtain search warrants for cell phones and social media accounts; and (6) to submit the firearm characteristics to NIBIN (a national database maintained by ATF to identify violent shooters and their sources of firearms). Utilizing a Firearm Liaison and this practice reduces the time period for the return of related lab reports from the Indiana State Police Laboratory from a potential eighteen (18) months to less than sixty (60) days. As a result of the training, Madison County now has 21 certified Firearm Liaisons consisting of the following agencies: Anderson Police Department, Alexandria Police Department, Chesterfield Police Department, Edgewood Police Department, Indiana State Police District 51, the Madison County Prosecutor's Office, and the Madison County Sheriff's Department.