DOB: 07-04-1961 DOC#: 855781 White Male
Allen County Superior Court
Judge Alfred W. Moellering
Prosecutor: Stephen M. Sims, Michael J. McAlexander
Defense:Barrie C. Tremper, Charles F. Leonard
Date of Murder: May 19,
Victim(s): Tricia L.
Woods W/F/13 (Girlfriend of Lowery's friend)
Method of Murder:
Beating with board
Summary: Lowery and his 14 year old friend.
Johnnie Winners, drove to a wooded area along with
Winners' 13 year old girlfriend, Tricia Woods. Lowery
asked Woods to have sex with him, and when she refused,
Lowery hit her in the head with a 2 X 4 piece of wood.
Lowery then got on top of her and had sex. Lowery
instructed Winners to go back to the car. 10-15 minutes
later, Lowery also returned to the car with blood on his
hands, admitting that he had killed Woods. These facts
were testified to by Winners at trial. Lowery's pretrial
statement differed significantly, claiming that it was
Winners who forced sex with Woods. Lowery stated that he
hit Woods in the back of the head with the 2 X 4, then
Winners hit her in the face, caving it in. Lowery stated
that Winners then put a stick in her vagina and kicked
it. The body was discovered 30 days after her death. A
stick was found between her legs and death was caused by
the blows with the wooden boards.
Trial: Information/PC for Murder filed (06-26-85); Amended Information for DP filed (06-28-85); Voir Dire (11-19-85); Jury Trial (11-20-85, 11-21-98); Deliberations 6 hours, 20 minutes; Verdict (11-21-85); DP Trial (11-22-85); Deliberation 5 hours, 45 minutes; Verdict (11-22-85); Court Sentencing (12-19-85).
Felony-Murder, Aiding Murder, Battery
Sentencing: December 9,
(Death Sentence - Murder, Felony-Murder, Aiding
b (1) Rape, Child Molesting, CDC
mental illness, no significant prior criminal history, 23
years old and married at the time of the murder, extreme
emotional disturbance, disproportionate treatment of
accomplice, turbulent childhood
Lowery v. State, 547 N.E.2d 1046 (Ind. December 8, 1989)
Conviction Affirmed 5-0 DP Affirmed 4-1
Dickson Opinion; Shepard, Givan, Pivarnik concur; Debruler dissents.
Lowery v. Indiana, 111 S. Ct. 217 (1990)
PCR Petition filed 04-19-92. Amended PCR filed 07-16-93.
Allen County Superior Court Judge Alfred W. Moellering
06-14-94 Agreed disposition entered, resentenced to 60 years imprisonment.
As of July 1, 2006