DOB: 08-12-1951 DOC#: 4168 Black Male
Marion County Superior Court
Judge
Jeffrey V. Boles
(Originally venued to Hendricks County; by agreement, returned to Marion, with Hendricks Circuit Judge Jeffrey V. Boles presiding)
Prosecutor: Greg Garrison / David Cook (Steve Goldsmith)
Defense Attorney: Tom Alsip
Date of Murder: December 11, 1980
Victim(s): Jack Ohrberg W/M/44 (Indianapolis Police Officer - No relationship)
Method of Murder: shooting with AR-15 rifle
Summary: On December 11, 1980 at 5:30 a.m., Indianapolis Police Sergeant Jack Ohrberg and other officers went to 3544 North Oxford in Indianapolis attempting to serve papers on persons believed to be at that location. Ohrberg banged on the door several times and identified himself as a police officer. Two other officers on the front porch were in uniform. After the next door neighbor told officers that there was noise from inside the apartment, Ohrberg crouched and pounded with his shoulder on the door, which began to open. Officers saw furniture blocking the door, and saw 2 or 3 muzzle flashes from two different locations inside. Ohrberg was shot and collapsed on the porch. Officers took cover and saw a man come out onto the porch, point a rifle, and fire at least 2 additional shots into Ohrberg. Officers took cover and returned fire. Shots continued to come from inside the house. After a few minutes, Gregory Resnover came out, threw down an AR-15 rifle and surrendered. Earl Resnover followed, laying down an AR-15 and a pistol. Ohrberg's business card was found in Earl's wallet. Two women then came out, leaving wounded Smith inside. An AR-15 which was recovered next to Smith was found to be the murder weapon. An arsenal of weapons and ammunition was recovered inside the apartment.
Conviction: Murder, Conspiracy to Commit Murder (Class A Felony)
Sentencing: July 23, 1981 (Death Sentence, 50 years imprisonment)
Aggravating Circumstances: law enforcement victim
Mitigating Circumstances: None
Direct Appeal:
Resnover v. State, 460 N.E.2d 922 (Ind. March 19, 1984)
Conviction Affirmed 5-0 DP Affirmed 5-0 Pivarnik Opinion; Givan, Hunter, Debruler, Prentice concur.
(Joint Trial with Tommie J. Smith, who also received a Death Sentence and was executed on 07-18 -96)
Resnover v. Indiana, 105 S. Ct. 231 (1984) (Cert. denied)
PCR:
Resnover v. State, 507 N.E.2d 1382
(Ind. 1987) (Appeal of PCR denial by Special Judge John
Tranberg)
Affirmed 5-0 Givan Opinion; Shepard, Debruler,
Pivarnik, Dickson concur.
Resnover v. Indiana, 108 S. Ct. 762 (1988) (Cert. denied)
Resnover v. State, 547 N.E.2d 814 (Ind.
1989) (Appeal of 2nd PCR denial by Special Judge Mary Lee
Comer)
Affirmed 4-1 Pivarnik Opinion; Shepard, Givan,
Dickson concur; Debruler dissents.
Resnover v. Indiana, 111 S. Ct. 216 (1990) (Cert. denied)
Habeas:
Resnover v. Pearson, 754 F.Supp.
1374 (N.D.Ind. 1991) (Petition for Habeas Writ; Writ
Denied)
Resnover v. Pearson, 965 F.2d 1453 (7th
Cir. 1992) (Affirmed)
Resnover v. Carter, 113 S. Ct. 2935
(1993) (Cert. denied)
EXECUTED BY ELECTRIC CHAIR
DECEMBER 8, 1994 12:13 AM
73rd prisoner executed in Indiana this century.
Gregory Resnover (December 8, 1994) and Tommie J. Smith (July 18, 1996) are the first prisoners to be executed against their will since Richard Kiefer in 1961. Both Steven Judy (1981) and William Vandiver (1985) waived all appeals.