Delaware County Superior Court Judge Robert L. Barnet, Jr.

Prosecutor: Richard Reed, J. Cummins, Jeffrey Arnold

Defense: Ron McShurley, Mark Maynard

Date of Murder: December 28, 1990

Victim(s): Gregg Winters W/M/31 Muncie Police Officer

Method of Murder: shooting with .25 handgun

Summary: Muncie Police Officers were dispatched to a traffic accident and observed an abandoned utility truck. The truck was towed and Lambert was found nearby crawling under a vehicle. Lambert had spent most of the night getting drunk and after telling officers he was trying to sleep, was arrested by Officer Kirk Mace for Public Intoxication. He was patted down and placed into the back of a police car driven by Officer Gregg Winters for transport to jail. A few minutes later, the police vehicle was observed sliding off the road into a ditch. Lambert was still handcuffed in the backseat and Officer Winters had been shot 5 times in the back of the head and neck. A .25 handgun was found laying on the floorboard. It was later learned that Lambert had stolen the .25 pistol from his employer. A demonstration/re-enactment video was introduced into evidence showing the manner in which a gun could be retrieved and fired while handcuffed. A statement by the defendant was admitted despite his .18 BAC.

Conviction: Murder

Sentencing: January 17, 1992 (Death Sentence)

Aggravating Circumstances: law enforcement victim

Mitigating Circumstances: 20 years old at the time of the murder, lack of guidance in upbringing, intoxication at time of murder, positive signs of rehabilitation

Direct Appeal:
Lambert v. State, 643 N.E.2d 349 (Ind. December 6, 1994)
Conviction Affirmed 5-0 DP Affirmed 3-2
Givan Opinion; Shepard, Dickson concur; Debruler, Sullivan dissent.
(Case was remanded back to trial court before this opinion to allow for correct application of intoxication as mitigator)

Lambert v. State, 675 N.E.2d 1060 (Ind. 1996)
(On Rehearing, DP Affirmed 4-1 despite error in admitting victim impact evidence)
Selby Opinion; Shepard, Dickson, Sullivan concur; Boehm dissents.

Lambert v. Indiana, ___ S. Ct. ___, WL 181171 (1997) (Cert. denied)