Indiana Death Row

PRUITT, TOMMY RAY # 100

ON DEATH ROW SINCE 11-21-03

DOB: 03-04-62 DOC: #881037 White Male

Dearborn County Circuit Court
Judge James D. Humphrey

Venued from Morgan County

Cause #: 15C01-0101-CF-54

Prosecutor: Steven P. Sonnega, Terry E. Iacoli

Defense: William Vanderpol, Jr., Douglas A. Garner

Date of Murder: June 14, 2001 (Shooting); July 10, 2001 (Death of Officer Starnes)

Victim:
Daniel Starnes W / M / 46 (Morgan County Warrant Officer and Reserve - No relationship to Pruitt)

Method of Murder: Shooting with .45 handgun

Summary:
Having information that Pruitt had been involved in a burglary a few days earlier in Bloomington and may have stolen guns in the vehicle, Morgan County Deputy Dan Starnes pulled Pruitt over on a rural county road. Pruitt had a scanner in his car, and it is believed that he overheard Deputy Starnes say that he was going to search the vehicle. Pruitt then got out and pulled a .45 caliber handgun. A gun battle ensued, with Deputy Starnes suffering five gunshot wounds to his chest and abdomen. He died from these injuries almost a month later on July 10, 2001. Pruitt was shot seven times, but recovered. Pruitt also shot at the 19 year old son of Deputy Starnes, Ryan, who was in the vehicle as part of a summer internship program.

Pruitt had prior felony convictions of Robbery (C Felony) in 1981, and Forgery (C Felony) in 1988, which served as a basis for the Habitual Offender adjudication.

Trial: Amended Information for DP filed (08-27-01); Amended Information filed (07-10-01, 08-16-01); Venued to Dearborn County (09-04-01); Hearing on Mental Retardation (08-12-03, 08-15-03); Voir Dire (10-06-03, 10-07-03, 10-08-03, 10-09-03, 10-10-03); Jury Trial (10-13-03, 10-14-03, 10-15-03, 10-16-03, 10-17-03, 10-21-03); Verdict (10-21-03); DP Trial (10-22-03, 10-23-03, 10-30-03); Verdict (10-30-03); Court Sentencing (11-21-03).

Conviction: Murder, Attempted Murder (A Felony), Possession of Firearm by Serious Violent Felon (B Felony), Receiving Stolen Property (D Felony) (4 Counts), Resisting Law Enforcement (D Felony), Habitual Offender.

Sentencing: November 21, 2003 (Death Sentence, 50 years, 20 years, 3 years, 3 years, 3 years, 3 years, 3 years, 30 years, consecutive for a total of 115 years imprisonment)

Aggravating Circumstances:
b (6) Victim was law enforcement officer

Mitigating Circumstances:
Mental Retardation, IQ of 60,
Mental Illness, Repeated head injuries,
Traumatic childhood,
Medical malpractice caused death of Deputy Starnes.

Victim Webpage: http://home1.gte.net/joking1/starnes.htm

Direct Appeal:
Pruitt v. State, 834 N.E.2d 90 (Ind. September 13, 2005) (15S00-0109-DP-393)
Conviction Affirmed 5-0 DP Affirmed 4-1
Boehm Opinion; Shepard, Dickson, Sullivan concur; Rucker Dissents against DP.
For Defendant: William Van Der Pol Jr., Martinsville, Teresa D. Harper, Bloomington
For State: Andrew A. Kobe, Deputy Attorney General (S. Carter)
Pruitt v. Indiana, ___ S.Ct. ___ (2006) (Cert. denied)

PETITION FOR POST-CONVICTION RELIEF PENDING IN TRIAL COURT. SET FOR PCR HEARING IN OCTOBER 2006.

As of July 1, 2006


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