GUILTY IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*

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I'll post this until I hear from @FrostedGlass to correct me if this is not happening!

Thursday, May 21st:
*Trial Status Conference Hearing (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart) & Robert Porter (32) serious injuries (Oct. 21-22, 2019) – for *Donald R. Owen, Jr. (20/now 21) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond.
Trial set to begin on 6/15/20. DA will seek life without parole.
Court info from 12/19/19 thru 3/19/20 reference post #93 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/9/20 Update: Status of competency evaluation: was found competent to stand trial. Next Status conference hearing re status of trial on 5/7.
5/7/20 Update: Court now sets State's Motion for Joinder of Defendants for trial status hearing May 21, 2020 at 8:30 a.m.
*Mario M. Angulo, Jr. (19) – Status Conference hearing on 9/10. Jury trial set to begin on 10/5/20.
*Matthew A.P. Murzynski (24) – Status Conference hearing on 9/10. Jury trial set to begin on 10/5/20.
 
All 3 defendants are still scheduled for the Joinder hearing today. The trial dates are still the same.

I don't know what to make of the Joinder of Defendants. Since it's the state's motion, I don't see how it would be beneficial to the defendants. I wonder if Angulo was given the extension because his competency evaluation had not been filed yet?

There are a couple of new filings for Angulo:

05/18/2020: Order Granting Extension of Time to Respond entered; Deft shall have until July 4, 2020 in which to file his opposition to the state's Joinder Motion. Cause remains set for status hearing May 21, 2020 at 8:30 a.m.; all per ORDER. cj
Order Signed:05/17/2020

05/19/2020: Competency Evaluation Filed
Dr. George Parker files Competence Report Summary. cj
Date Filed:05/19/2020
 
Adding for today....

Thursday, May 21st:
*Status Conference Hearing (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart) & Robert Porter (32) serious injuries (Oct. 21-22, 2019) - For *Mario M. Angulo, Jr. (19) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial was set to begin on 5/4/20 will be cancelled due to coronavirus & has been moved to 10/5/20.
12/19/19 Update: Motion to seal public records-granted. 12/23/19: State’s motion to unseal public records-granted. 12/26/19: Initial appearance hearing for Angulo. Next pretrial hearing on 1/23/20 & preliminary hearing on 5/4/20. 1/6/20: DA will seek life without parole for all suspects.
1/23/20 Update: Pretrial hearing rescheduled to 1/30, status hearing on 4/9 & jury trial on 5/4. 1/30/20: Defense would like Angulo to undergo a psychiatric evaluation to determine his mental competency. Next Trial status hearing on 4/9. Jury trial on 5/4 will probably will cancelled due to coronavirus.
3/26/20 Update: Appeared in court via video from jail & requested to be released from jail & put on home detention due to the coronavirus. Angulo wants to be released from jail and placed on home detention, claiming concerns about the spread of COVID-19. He made the request Thursday during a hearing in Elkhart County Circuit Court, citing situations where inmates have been granted emergency releases from jails in several states. He appeared via a new video conferencing system set up in the courtroom. 3/27/20: Order Competency Evaluation: Court enters ORDER appointing Dr. LaRissa Chism-Buggs & Dr. George F. Parker. In light of Defandent’s request for a competency evaluation.
4/9/20 Update: Court’s motion for continuance of hearing due to coronavirus. Next status hearing on 9/10 & trial has been moved to 10/5/20 per Court’s motion.
05/18/20: Order Granting Extension of Time to Respond entered; Deft shall have until July 4, 2020 in which to file his opposition to the state's Joinder Motion. Cause remains set for status hearing May 21, 2020 at 8:30 a.m. 05/19/20: Competency Evaluation Filed
For *Matthew A.P. Murzynski (24) arrested & charged (12/19/19) with robbery resulting in serious bodily injury, 2 counts of criminal confinement & current felony while member of/at direction of criminal gang enhancement (one related to Dyer; the other to an unrelated case). $5M bond. DA will seek life without parole.
Trial set to begin on 5/4/20 will probably be cancelled due to coronavirus & has been moved to 10/5/20.
Kimberly was held captive by three men. She was then tortured, burned & mutilated while she was still alive. The probable cause affidavit - which describes the nature of the crime in detail - is sealed to protect the identity of witnesses. Police say all three men were involved in gang activity. Confinement Resulting in Serious Bodily Injury, for their actions against one Robert Porter, age 32 of Sturgis, Michigan, alleged to have occurred over the same time period as Ms. Dyer’s torture & murder.
12/19/19 Update: for all: motion to seal public records-granted. 12/23/19: for all: State’s motion to unseal public records-granted.
12/26/19 Update: Initial appearance hearings for Murzynski. Murzynski: Next pretrial hearing on 1/23/20 & preliminary hearing on 5/4/20. 1/6/20: DA will seek life without parole for all suspects.
1/23/20 Update: Appeared in court today in Goshen, Judge Christofeno set bond at $5 million due to the severity of the charges against him. He has not been charged with murder but is one of the three men facing charges. Pretrial hearing 1/27, 2 cases: Status hearing on 4/9 & Jury trial on 5/4. 1/27/20: Next for both trial status hearing on 4/9. 3/16/20: Appearance Filed: DPD Christopher J. Petersen files Substitution Appearance Form on behalf of the Defendant replacing DPD Peter C. Soldato.
4/2/20: Court's motion for continuance due to coronavirus. Status hearing has been continued to 9/10 & trail has been moved to 10/5/20 per Court’s motion.
5/7/20 Update: Status hearing re Joinder motion on 5/21.
 
Owen was the only one to file anything regarding the Joinder. Angulo has until July 4 to file an opposition; I don't know what's happening with Murzynski.

I find it interesting that the search warrant is granted in the Owen and Murzynski cases but not requested/granted in Angulo's.

05/22/2020 Memorandum/Brief Filed
Memorandum RE: Trial Acknowledgement and Joinder
Filed By: Owen, Donald R JR
File Stamp: 05/21/2020
 
Prosecutors look to combine cases tied to murder trial



ELKHART COUNTY, Ind. (WNDU) - The Elkhart County Prosecutor’s Office is requesting to jointly try the cases of three men connected to the murder of a Columbia City woman in Elkhart.

According to our reporting partners at The Goshen News, during a court hearing Thursday, Judge Michael Christofeno discussed the motion to combine the cases of Mario Angulo, 19, Donald Owen Jr., 21, and Matthew Murzynski, 24.
[.....]
The hearing to determine whether to allow the cases to be combined will take place Aug. 6.
 
Niner said:
Since the next hearing is on 8/6, I'm going to take it that Owen's trial date of 6/15 has been cancelled.... :)
Click to expand...
His lawyer is pushing to keep that date but it might not be possible due to Covid-19.

Here's a bit of a summary from the Goshen News story linked in your post. Interesting bit about witnesses...

Reasons for the Joinder:
Majority of alleged crimes are identical in nature.
There are identical witnesses for each case and some would have to drive from out-of-state.

Deadlines
July 4: lawyers to file questions/concerns
July 17: prosecution responds to the lawyers' claims
July 27: lawyers respond to prosecution
Aug 3: prosecutiion final response to lawyers
Aug 6: hearing to determine if the cases will be combined

Lawyers for Angulo and Murzynski agreed to the timeline.
Owen's lawyer, Majerek, is opposed to the call to combine the cases and is not in favor of extending Owen's trial hearing beyond June 15. He was given until the end of the day to provide a statement outlining his opposition to the Joinder. Judge Christofeno agreed to confirm Owen's jury trial for June 15 but was doubtful of that date due to Covid-19.
Prosecutors look to combine cases tied to murder trial
 
Owen
05/26/2020: Order Issued
Court having taken this matter under advisement now issues ORDER. Over the objection of Deft and pursuant to the Indiana Supreme Court Order, the Court on its own motion hereby continues the jury trial scheduled for June 15, 2020 to Oct. 5, 2020 at 8:30 a.m. Cause set for trial status conf Sept. 10, 2020 at 8:30 a.m. Deft shall have through and including July 4, 2020 within which to file any response or objection to the State of Indiana's Motion for Joinder of Defendants; the State shall then have until July 17, 2020 within which to file any response to the Deft's position. Deft will then be given until July 27, 2020 to file his final response, if any, to the State's Motion for Joinder of Defendants; State will then have until August 3, 2020 to file its final memorandum in support of its Motion for Joinder of Defendants. Court schedules State's Motion for Joinder of Defendants for hearing on Aug. 6, 2020 at 8:30 a.m.; all per ORDER. cj

05/26/2020: Hearing Scheduling Activity
Jury Trial originally scheduled on 06/15/2020 at 8:30 AM was rescheduled to 10/05/2020 at 8:30 AM. Reason: Court's Own Motion.
Hearing scheduled for 08/06/2020 at 8:30 AM.
Status Conference scheduled for 09/10/2020 at 8:30 AM.

08/06/2020: Hearing: 08/06/2020 8:30 AM, RE: State's Motion for Joinder of Defendants

09/10/2020: Trial Status Conference 8:30 AM, Judicial Officer: Christofeno, Michael A

10/05/2020: Jury Trial
Session:06/15/2020 8:30 AM, Rescheduled
Session:10/05/2020 8:30 AM, Judicial Officer: Christofeno, Michael A
 
All three of the defendants had their opportunity to answer back regarding the Joinder of Defendants filing. Angulo and Murzynski both filed oppositions. Owen did not answer back. However, he and one of his attorneys parted company = Chief PD Peter D. Todd is ordered withdrawn. It appears DPD Jeffrey A. Majerek is still his attorney and Todd was his co-counsel. Maybe they are far enough along in the case that only one is needed? All the rest of their court dates remain the same.

ANGULO, MARIO M. JR
07/06/2020: Defendant's Opposition to State's Joinder Motion filed.
File Stamp:07/03/2020
08/06/2020: Hearing = State's Motion for Joinder of Defendants
09/10/2020: Trial Status Conference
10/05/2020: Jury Trial

********************
MURZYNSKI, MATTHEW A.P.
07/06/2020: Motion Filed
Defendant's Motion for Separate Trial and Response to the State's Motion for Joinder of Defendants filed.
Filed By:MURZYNSKI, MATTHEW A.P.
File Stamp:07/04/2020
08/06/2020 = RE: State's Motion for Joinder of Defendants
09/10/2020: Trial Status Conference
10/05/2020: Jury Trial
**********************************
Owen, Donald R JR
07/07/2020: Defendant's Motion to Withdraw Appearance filed.
Filed By:Owen, Donald R JR
07/13/2020: Order Granting Motion to Withdraw Appearance
The appearance of Chief PD Peter D. Todd is ordered withdrawn, per ORDER. cj
08/06/2020
Hearing RE: State's Motion for Joinder of Defendants
09/10/2020: Trial Status Conference
10/05/2020: Jury Trial
Session:06/15/2020 8:30 AM, Rescheduled
Session:10/05/2020 8:30 AM, Judicial Officer: Christofeno, Michael A


Niner: if you need the full versions of the above, instead of my shortened ones, let me know.
 
I don't think Owen ever filed opposition to the Joinder; I wonder why. He wanted to keep his June 15 trial date. The court kept the October date against his objections. Do we have any cases on here where defendants were joined as a group?

I'm curious if the DRs found Angulo competent.

Next action on Owen's case
08/06/2020: Hearing RE State's Motion for Joinder of Defendants
09/10/2020: Trial Status Conference
10/05/2020: Jury Trial

Angulo's second competency evaluation was filed
07/20/2020: LaRissa Chism-Buggs, M.D., files Competency Evaluation. cj
07/20/2020: State s Memorandum of Law In Support of Joinder of Defendants filed
07/20/2020: Court reviews Competency Evaluation. Court sets this matter for hearing on 08/06/2020
08/06/2020: Hearing RE State's Motion for Joinder of Defendants
09/10/2020: Trial Status Conference
10/05/2020: Jury Trial

Murzynski has no new filings
08/06/2020 = Hearing RE State's Motion for Joinder of Defendants
09/10/2020: Trial Status Conference
10/05/2020: Jury Trial
 
Thursday, August 6th:
*Motions Hearing (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart) & Robert Porter (32) serious injuries (Oct. 21-22, 2019) – for *Donald R. Owen, Jr. (20/now 21) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond.
Trial was set to begin on 6/15/20 has been cancelled due to coronavirus & moved to 10/5/20. DA will seek life without parole
Court info from 12/19/19 thru 3/19/20 reference post #93 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/9/20 Update: Status of competency evaluation: was found competent to stand trial. Next Status conference hearing re status of trial on 5/7. 5/7/20 Update: Court now sets State's Motion for Joinder of Defendants for trial status hearing May 21, 2020 at 8:30 a.m.
5/21/20 Update: During a court hearing Thursday, Judge Michael Christofeno discussed the motion to combine the cases of Angulo, Owen Jr., & Murzynski. Deadlines: July 4: lawyers to file questions/concerns; July 17: prosecution responds to the lawyers' claims; July 27: lawyers respond to prosecution; Aug 3: prosecution final response to lawyers; Aug 6: hearing to determine if the cases will be combined. Owen's attorney opposes joining cases together. The hearing to determine whether to allow the cases to be combined will take place Aug. 6 re the State’s Motion for Joinder of defendants. Trial status hearing on 9/10/20 @ 8:30am & trial set to begin on 10/5/20.
ALSO:
*Status Conference Hearing (@ 8:30am CT) – IN – Kimberly Dyer (31) (occurred from Oct. 21 to Oct. 22, 2019, Elkhart) & Robert Porter (32) serious injuries (Oct. 21-22, 2019) - For *Mario M. Angulo, Jr. (19) arrested & charged (12/19/19) with murder, robbery resulting in serious bodily injury, 2 counts of criminal confinement & life without parole enhancement. Held without bond. DA will seek life without parole.
Trial was set to begin on 5/4/20 will be cancelled due to coronavirus & has been moved to 10/5/20.
Court info from 12/19/19 thru 3/27/20 reference post #103 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/9/20 Update: Court’s motion for continuance of hearing due to coronavirus. Next status hearing on 9/10 & trial has been moved to 10/5/20 per Court’s motion.
5/18/20: Order Granting Extension of Time to Respond entered; Deft shall have until July 4, 2020 in which to file his opposition to the state's Joinder Motion. Cause remains set for status hearing May 21, 2020 at 8:30 a.m. 5/19/20: Competency Evaluation Filed.
5/21/20 Update: During a court hearing Thursday, Judge Michael Christofeno discussed the motion to combine the cases of Angulo, Owen Jr., & Murzynski. Deadlines: July 4: lawyers to file questions/concerns; July 17: prosecution responds to the lawyers' claims; July 27: lawyers respond to prosecution; Aug 3: prosecution final response to lawyers; Aug 6: hearing to determine if the cases will be combined. Owen's attorney opposes joining cases together. The hearing to determine whether to allow the cases to be combined will take place Aug. 6.
For *Matthew A.P. Murzynski (24) arrested & charged (12/19/19) with robbery resulting in serious bodily injury, 2 counts of criminal confinement & current felony while member of/at direction of criminal gang enhancement (one related to Dyer; the other to an unrelated case). $5M bond. DA will seek life without parole.
Trial was set to begin on 5/4/20 cancelled due to coronavirus & has been moved to 10/5/20.
Court info from 12/19/19 thru 3/16/20 reference post #103 here:
IN - Kimberly Dyer, 31, burned, tortured, mutilated, murdered, Elkhart, 22 Oct 2019 *Arrests*
4/2/20: Court's motion for continuance due to coronavirus. Status hearing has been continued to 9/10 & trail has been moved to 10/5/20 per Court’s motion. Also status hearing on 5/21/20 re Joinder motion.
5/21/20 Update: During a court hearing Thursday, Judge Michael Christofeno discussed the motion to combine the cases of Angulo, Owen Jr., & Murzynski. Deadlines: July 4: lawyers to file questions/concerns; July 17: prosecution responds to the lawyers' claims; July 27: lawyers respond to prosecution; Aug 3: prosecution final response to lawyers; Aug 6: hearing to determine if the cases will be combined. Owen's attorney opposes joining cases together. The hearing to determine whether to allow the cases to be combined will take place Aug. 6.
Kimberly was held captive by three men. She was then tortured, burned & mutilated while she was still alive. The probable cause affidavit - which describes the nature of the crime in detail - is sealed to protect the identity of witnesses. Police say all three men were involved in gang activity. Confinement Resulting in Serious Bodily Injury, for their actions against one Robert Porter, age 32 of Sturgis, Michigan, alleged to have occurred over the same time period as Ms. Dyer’s torture & murder.
 
FrostedGlass said:
Yes. The trial date remains the same, too.
Click to expand...

Thanks!
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