DOB: 07-20-1972 DOC: #914976 White Male
Spencer County Circuit Court
Judge Wayne Roell
Defense:Barbara Williams, Scott Blazey
Date of Murder:July 11, 2001
Victim(s): Stacy Payne W / F / 15 (No relationship to Ward)
Method of Murder: Stabbing with knife
Summary: 15-year old Stacy Payne and her 14-year old sister, Melissa, were home alone in their rural Dale, Indiana home when Ward entered and attacked Stacy with a knife. Melissa had taken a nap upstairs and was awakened by Stacy's screams. From the top of the stairs Melissa saw Ward on top of Stacy. She called 9-1-1 and heard Stacy pleading, “Stop!,” while Ward said, You better be quiet.” Ward was still at the scene, covered with blood and pocket knife in hand, when police arrived. Stacy Payne's torso was nearly sliced in two, her throat was cut to her windpipe and her wrist was slashed to the bone. She was nevertheless alive for a short time. Vaginal bruising and Stacy's DNA on Ward's genitals supported the Rape and Criminal Deviate Conduct charges. Ward was on probation for a Burglary in Missouri at the time of the crime and had a dozen prior convictions for Public Indecency/Indecent Exposure.
Trial: Information/PC for Murder and Death Sentence filed (07-16-01); Motion to Change Venue (02-08-02); Motion to Change Venue Withdrawn (03-01-02); Amended PC and DP Request filed (03-01-02); Motion to Change Venue (04-11-02); Voir Dire (10-07-02, 10-08-02, 10-09-02, 10-10-02, 10-11-02); Jury Trial (10-14-02, 10-15-02, 10-16-02, 10-17-02, 10-18-02, 10-19-02); Deliberations and Verdict (10-19-02); DP Trial (10-21-02, 10-22-02, 10-23-02); (Deliberations and Verdict (10-23-02); Court Sentencing (12-18-02).
Conviction: Murder, Rape and Criminal Deviate Conduct
Sentencing: December 18, 2002 (Death Sentence, 50 years, 50 years)
Aggravating Circumstances:
b (1) Rape/Criminal Deviate Conduct
b (9) On probation or parole
b (11) Mutilation / Torture
Mitigating Circumstances:
dysfunctional family, education, and social environment
parents separated and divorced
mental retardation, low intelligence, mental illness and instability
exhibitionism disorder
Direct Appeal:
Ward v. State, 810 N.E.2d 1042 (Ind. June 30, 2004).
Convictions Reversed 5-0; DP Vacated 5-0
Opinion by Rucker; Shepard, Dickson, Sullivan and Boehm concur.
(Reversal on the grounds of failure to change venue or to obtain jurors from another county pursuant to IC 35-36-6-11, in the face of extensive pretrial publicity and community bias in a small county. It is thought to be the only such reversal in the state’s history.)
Indiana v. Ward, 126 S.Ct. 395 (2005) (Cert. denied) (State's Appeal)
RETRIAL ON MURDER CHARGE PENDING IN SPENCER CIRCUIT COURT.
SET FOR JURY SELECTION IN CLAY COUNTY 10-16-06.
As of July 1, 2006