DOB: 04-12-1963 DOC#: 892138 White Male

Lake County Superior Court Judge James L. Clement

Prosecutor: John Burke

Defense: Alan Woloshansky

Date of Murder: February 3, 1989

Victim(s): Mary Waggoner W/F/19 (live-in girlfriend); Dennis Waggoner W/M/20 months, Elizabeth Waggoner W/F/4 months (children of Mary Waggoner and Roark); Betty Waggoner W/F/61 (mother of girlfriend)

Method of Murder: stabbing with knife (all); smoke inhalation (Dennis); burns (Elizabeth)

Summary: Roark lived with his girldriend, Mary Waggoner, at the home of her mother, Betty Waggoner, along with their two children aged 20 months and 4 months. Roark returned to the home after a night of drinking at 5:00 a.m. and told Mary that he would rather leave the home than be yelled at by her mother. Betty decided to leave with him and take the kids. Betty grabbed the 20 month old son and told them she would kill herself if they left. she then lunged at Roark with a knife. Roark wrestled the knife away from her, then proceeded to stab Betty, Mary, and the two children multiple times, then fled. The house was later set on fire. (insanity defense)

Conviction: Murder (3 counts), Voluntary Manslaughter (Betty)

Sentencing: October 17, 1989 (Death Sentence)

Aggravating Circumstances:
4 murders; 2 victims less than 12 years of age

Mitigating Circumstances: no prior criminal record, drug and alcohol abuse, alcoholism, extreme mental and emotional disturbance, father was alcoholic who abused his mother, model prisoner for 3 1/2 years awaiting trial, murder weapon was introduced by victim

Direct Appeal: Roark v. State, 573 N.E.2d 881 (Ind. June 21, 1991)
Conviction Reversed 5-0 DP Vacated 5-0
(Should have instructed on Voluntary Manslaughter)
Shepard Opinion:Debruler, Givan, Dickson, Krahulik concur.

On Remand: Roark was convicted of Murder (3 counts) and Voluntary Manslaughter (Betty), and despite a jury recommendation against a Death Sentence was sentenced to death by Judge James L. Clement on 10-29-92.

Direct Appeal:
Roark v. State, 644 N.E.2d 565 (Ind. December 19, 1994)
Conviction Affirmed 5-0 DP Vacated 3-2
(Judge findings overriding jury recommendation fails to meet Martinez test, due to "impressive" testimony of defense psychologist regarding defendant's IQ of 72 and poor impulse control; 50+50+50+50=200 yr term of imprisonment imposed by Supreme Court)
Sullivan Opinion; Debruler, Dickson concur; Shepard, Givan dissent.

Judge Overrides Jury Recommendation against Death Sentence