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Since 1977, the Clark County Prosecuting Attorney has
filed 5 murder cases seeking a death sentence:
State
of Indiana v. Zachariah Melcher (10C01-0504-MR-038)
Court:
Clark Circuit Court Judge Daniel F. Donahue
Date of Crime: 04-16-05
Date of Guilty Plea: 08-03-06
Defense Attorneys: Jeffrey D. Stonebraker
& J. Christopher Sturgeon
Prosecutors: Steven D. Stewart &
William C. Grimes
Charges: Murder, Murder,
Murder
Aggravating Circumstances:
(1) Multiple Murders, (2) Murder While on Felony Probation, (3) Murder of Child Under 12 years of age, (4) Murder of Victim Carrying Viable Fetus
Victim: Christian Melcher (wife), Jaiden Melcher (son), Viable Fetus (child)
On April 22, 2005, the decomposing bodies of 23 year old Christian Melcher and 11 month old Jaiden Melcher were discovered stuffed inside a plastic storage container in her home, located at 628 East Maple Street in Jeffersonville. A plastic bag covered the head of the small child. An autopsy later revealed that Christian Melcher died of strangulation or asphyxiation. The child died of suffocation or asphyxiation. In addition, Christian was found to be eight months pregnant, carrying a viable fetus able to live outside the mother's womb.
Zachariah Melcher, age 27, was the husband of Christian Melcher and the father of Jaiden Melcher, and lived at the home at 628 East Maple Street in Jeffersonville. He was previously convicted of Burglary (Class B Felony) on May 22, 1997 in the Floyd County Circuit Court, and was released on supervised probation on September 19, 2002. After being advised of his constitutional rights, Zachariah Melcher admitted that he had murdered his wife and child and stuffed them into a plastic storage container seven days earlier.
On August 3, 2006 Melcher pled guilty to 3 Counts of Murder pursuant to a "Statement of Plea Agreement to Ensure that the Defendant is Never Released from Prison." With the recommendation of the victim's family, he was sentenced by Judge Daniel F. Donahue to consecutive terms of Life Imprisonment with absolutely no possibility of parole on Count I, Life Imprisonment with absolutely no possibility of parole on Count II, and to a fixed term of 65 years imprisonment on Count III.
State
of Indiana v. Theodore Helfenbein (10C01-9104-CF-054)
Court: Clark Circuit Court Judge Daniel F. Donahue
Date of Crime: 04-20-91
Date of Trial: 04-15-92 to 04-24-92
Defense Attorneys: Jeffrey D. Stonebraker & Vicki Carmichael
Prosecutors: Steven D. Stewart
Charges: Murder, Possession of
Sawed-Off Shotgun (Class D Felony), Possesion of Handgun
(Class A Misdemeanor), Habitual Offender
Aggravating Circumstances: Previous
Murder Conviction, Child Victim less than 12 years of age
Victim: Brian Helfenbein (age 10)
The defendant was 48 years old
from Cicero, Ill. After his wife was arrested for
threatening a teacher, the defendant fled with their 10
year old son to the home of his brother in Peru, Indiana.
He then left, heading for his mother's home in Arkansas.
In route, he changed his mind and headed back on I-65 to
Cicero. He stopped at the Memphis Truck Stop and shot his
son 5 times with a .25 caliber pistol while he was
sleeping. The defendant then drove to Scottsburg, called
the police and turned himself in. The defendant admitted
he had shot his son, claiming basically that the world
was a terrible place and he did not want his son to have
to grow up living a life of misery, particularly in the
ghettos of Cicero. Other weapons and a sawed-off shotgun
were found in the car.
At trial the defendant asserted
an insanity defense and testified extensively. The
defendant was convicted of murdering a soldier in Florida
in 1962. He later escaped and served a total of 11 years
in Florida prisons. The defendant testified that he
wanted to receive the death penalty.
The defendant was convicted of
all counts. The jury unanimously recommended a death
sentence. Nevertheless, Clark Circuit Court Judge Daniel F. Donahue
sentenced the defendant to the maximum term, 94 years
imprisonment, on May 26, 1992. The defendant's
anticipated release date is April 2038. He will be 95
years old.
State
of Indiana v. James Kenneth Utley (73C01-8806-CF-004)
Court: Shelby Circuit Court Judge Charles D. O'Connor
(Venued from Clark to Shelby County)
Date of Crime: 02-18-88
Date of Trial: 01-31-89 to 03-02-89
Defense Attorneys: Michael McDaniel
Prosecutors: Jerome F. Jacobi
Charges: Murder (2 counts), Burglary
(Class A Felony)
Aggravating Circumstances: Multiple
murders, Intentional Murder during commission of Burglary
Victims: Karen Smith (age 26),
Jacqueline Smith (age 3)
Appeal: Utley v. State, 589
N.E.2d 232 (Ind. 1992)
The victims were discovered in
their home on Cole Road near New Washington in the
afternoon, both shot with a .22 between the eyes. The
rear door was unlocked and their car was gone. The car
was later discovered locked with the keys gone several
miles away. A man fitting the defendant's description was
identified by neighbors near both scenes near the time of
the murders. A search warrant of the defendant's home
uncovered a hidden .22 caliber handgun that he said had
been stolen. A ballistics expert testified that the gun
appeared to be the same gun used to commit the murders. A
prisoner testified that the defendant had admitted
committing the murders while he was "high." The
defendant denied the murders and did not testify at
trial.
The defendant was convicted of
all charges after only 2 hours of deliberations. The jury
was unable to unanimously agree on a death sentence.
Shelby Circuit Court Judge Charles D. O'Connor sentenced
the defendant to the maximum term on all counts, 170
years imprisonment, on April 18, 1989. The defendant's
anticipated release date is February 2073. He will be 107
years old.
State of Indiana v.
Latine Marie Gordon Davidson (85-CR1-35)
Court: Clark Superior Court #1 Judge Clementine B. Barthold
Date of Crime: 07-21-83
& 01-04-85
Date of Trial: 09-23-86
to 11-06-86
Defense Attorneys:
Michael Forsee & Anne Coffman
Prosecutors: Steven D.
Stewart
Charges: Murder (2
counts)
Aggravating Circumstances: Multiple
murders, Victim Less than 12 years old
Victims: Shaccara Dayann Gordon &
Rodriguez Sanchez Escabar Felicciones
Appeal: Davidson v. State, 558
N.E.2d 1077 (Ind. 1990)
The defendant was a 21 year old
mother of four, convicted of murdering her first two by
drowning them in the bathtub at her home on Rhonda Drive
and Riddle Street in Jeffersonville. The drownings were
committed at different times, 1 1/2 years apart, when
each victim was approximately 14 months old. No charges
were brought until the death of the second child, and
both cases were joined for trial.
In both cases, the child was
heavily insured at the time of the drownings, with the
defendant as beneficiary. 48 hours before the second
drowning, the defendant solicited a $40,000 life
insurance policy on the child. The defendant gave wildly
conflicting statements to the police, to the Welfare
Dept., and to the Grand Jury, but basically alleged that
both deaths were accidental. Neither child had any trauma
to the body and medical experts agreed that it would be
next to impossible for the child to drown accidentally
without such trauma.
The defendant was convicted of
both murders. The jury was unable to unanimously agree on
a death sentence. Clark Superior Court Judge Clementine
B. Barthold sentenced the defendant to the maximum term,
120 years imprisonment, on December 2, 1986. The
defendant's anticipated release date is June 2065. She
will be 80 years old.
State
of Indiana v. Russell Ernest Boyd (82-CR-27)
Court:
Clark Circuit Court Judge Clifford H. Maschmeyer
Date of Crime: 08-27-82
Date of Trial: 08-23-83 to 09-12-83
Defense Attorneys: Michael Forsee
& Charles G. Read
Prosecutors: Jerome F. Jacobi &
Steven D. Stewart
Charges: Murder, Felony Murder,
Burglary (Class B Felony)
Aggravating Circumstances:
Intentional Murder during commission of Burglary
Victim: Judy Falkenstein
Appeal: Boyd v. State, 494
N.E.2d 284 (Ind. 1986)
The victim was a 30 year old
housewife who was found nude, beaten, and strangled in
the bedroom of her home on West Loma Vista Drive in
Jeffersonville. Her body was discovered on a weekday
afternoon by her 10 year old daughter. Various valuables
and cash from the home were found in the possession of
the defendant, and several acquaintances placed him in
the neighborhood at the time of the murder. The defendant
first denied ever being in the area, but later admitted
to breaking into the home 3 days before the murder, and
admitted going back to the home on the day of the murder.
He claimed to have seen the victim's body in the bedroom,
and ran out of the house after he got scared.
The defendant was convicted of
all charges. The jury recommended a death sentence. Clark
Circuit Court Judge Clifford H. Maschmeyer sentenced the
defendant to death on October 4, 1983.
In 1993, Special Judge Robert L.
Bennett set aside the death sentence on the grounds that
the defense attorneys were ineffective in failing to
present mitigating circumstances on the defendant's
behalf. The defendant entered into an agreement and with the recommendation of the victim's family, was
sentenced to an 80 year term of imprisonment, the maximum
allowed under the statutes. His anticipated release date
is August 2022. He will be 64 years old.
HISTORICAL:
State
of Indiana v. Edward Coffin and Toots Long
On June 4, 1934 Scott County
Deputy Sheriff Harold Amick was shot to death while
looking for chicken thieves near Underwood. Deputy Amick
had mistakenly confronted a group of men who were on the
run from an earlier shooting in Seymour. Clark County
Prosecuting Attorney Clyde F. Crooks, sought the death
penalty by Indictment for the triggerman, Edward Coffin.
A jury trial began on June 8, 1934, with Prosecutor
Crooks presenting 26 witnesses. Both Coffin and his
accomplice, Toots Long, were represented by pauper
attorney, Edward Dunlevy, and found guilty of First
Degree Murder the next day. On June 9, 1934 Clark County
Circuit Judge, George C. Kopp, sentenced Coffin to death
and Long to life in prison. On October 9, 1934, 127 days
after the murder of Harold Amick, 22 year old Edward
Coffin was executed in the electric chair at the Indiana
State Prison at Michigan City, Indiana. He is the only
person to have been sentenced to death in Clark County
and executed this century. [Information obtained through court documents and newspaper accounts in The Evening News]
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