Allen County Superior Court Judge Alfred W. Moellering
Venued from Lake County
Prosecutor: John McGrath
Defense: David Schneider
Date of Murder: August 11, 1981
Victim(s): George Yaros
W/M/57
(Gary Police Officer - No relationship)
Method of Murder: shooting with .44 handgun
Summary: Averhart, Hutson and North robbed the Gary National Bank and shot Gary Police Officer George Yaros, who was arriving on the scene. As they fled to their car, Averhart stopped and again shot Officer Yaros at close range. A high-speed chase/shootout resulted in the getaway car crashing into a tree. Averhart was followed from the scene, and with the aid of bystanders was discovered walking nearby. The gun used to shoot and kill Officer Yaros, a gun taken from the bank security guard, and a wig worn by Averhart during the robbery were also recovered.
Conviction: Murder,
Felony Murder
(Tried jointly with Hutson and North; all
three convicted as charged; DP sought against all three
but jury recommended death for Averhart only)
Sentencing: May 25, 1982 (Death Sentence - Murder/Felony Murder merged; Hutson and North sentenced to 60 years)
Aggravating Circumstances: b(1) Robbery; law enforcement victim
Mitigating Circumstances: None
Direct Appeal:
Averhart
v. State, 470 N.E.2d 666 (Ind. October 29, 1984)
Conviction Affirmed 5-0 DP Affirmed 5-0
Pivarnik Opinion; Givan, Debruler,Hunter, Prentice concur
Averhart v. Indiana, 105 S.Ct. 2051 (1985) (Cert. denied)
PCR:
Averhart v. State, 614 N.E.2d 924 (Ind. 1993)
(Appeal of PCR denial by Special Judge Vern
E. Sheldon; Conviction Affirmed, DP Vacated for new jury
and judge sentencing hearing on grounds of ineffective
counsel - failure to present mitigating evidence) Per
Curiam Opinion 4-1; Shepard, Debruler, Dickson, Krahulik
concur; Givan dissents.
On Remand: Trial was venued again to Allen County and following a new jury and judge sentencing hearing, Judge Kenneth R. Scheibenberger followed the jury's recommendation and sentenced Averhart to Death on 03-18-96.
Azania v. Squadrito, 114 F.2d 1191 (7th Cir. 1997) (Averhart)
(Sec. 1983 action against Allen County Jail and Sheriff, alleging conspiracy to hinder his death
penalty resentencing hearing; After dismissal by District Court, he sought
a new hearing, alleging newly discovered evidence. This 60(b) motion
was also dismissed. - Affirmed; Judges Flaum, Manion, Evans)
APPEAL PENDING