Allen County Superior Court
Judge Alfred
W. Moellering
Venued from Lake County
Prosecutors: John McGrath, James McNew
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.
Trial: Voir Dire (04-19-82, 04-20-02); Jury Trial (04-21-82, 04-22-82, 04-23-82, 04-26-82); Defendant presented no witnesses, submitted no jury instructions; Deliberations 1 hour, 15 minutes; Verdict (04-26-82); DP Trial (04-27-82); Defendant presented no witnesses, submitted no jury instructions; Deliberations 3 hours, 20 minutes; Verdict (04-27-82); Court Sentencing (05-25-82).
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.
Victim Websites:
http://GDYNets.WebNG.com/g2.htm
http://home1.gte.net/joking1/yaros.htm
Inmate Websites:
http://www.zoloazania.org/
http://home4.inet.tele.dk/lepan/lene/indiana/zolo.htm
http://www.ccadp.org/zoloazania.htm
http://www.prairiefire.org/freezoloazania.html
http://www.kersplebedeb.com/mystuff/profiles/azania.html
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:
PCR Petition filed 09-23-85. Denied by Special Judge Vern E. Sheldon 02-23-88.
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. On appeal, the trial court was directed to provide an emended sentencing order.
Azania v. Squadrito, 114 F.2d 1191 (7th Cir. 1997)
(§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; Flaum, Manion, Evans)
Azania v. Bechert, 172 F.3d 52 (7th Cir. 1999)
(§ 1983 suit against former public defenders for conspiring with trial judge and prosecutors; request for discovery denied)
Direct Appeal:
Azania v. State, 730 N.E.2d 646 (Ind. June 6, 2000)
DP Affirmed 4-1
Dickson Opinion; Shepard, Sullivan, Rucker concur. Boehm dissents on grounds that Averhart did not present certain mitigating evidence of family life only because the trial court upheld the state’s threat to present evidence of a prior homicide as rebuttal.
PCR:
Averhart v. State, 738 N.E.2d 248 (Ind. November 2, 2000)
(Indiana Supreme Court Order authorizing successive PCR on issue of tainted jury pool, but denying authorization on all other claims relating to conviction.
PCR denied by Allen Superior Court Judge Allen Sheibenberger 04-12-01.
Azania v. State, 778 N.E.2d 1253 (Ind. November 22, 2002)
(Appeal of PCR denial by Allen Superior Court Judge Kenneth R. Scheibenberger)
Conviction Affirmed 5-0; DP Vacated 3-2
Boehm Opinion; Sullivan, Rucker concur. Shepard, Dickson dissent.
(Allen County computerized jury selection system did not substantially comply with statutes.)
On Remand:
Trial was venued again to Allen County.
Defendant’s Motion to Return case to Lake County for trial denied.
Boone County Circuit Court Judge Steven H. David appointed Special Judge.
For Defendant: Jesse A. Cook, Terre Haute, Michael E. Deutsch, Chicago
On May 1, 2005, Judge Steven H. David granted Azania’s Motion to Dismiss the Death Penalty Request, holding that the 24 year delay since the murder was mostly the fault of the State and has deprived him of fundamental due process.
STATE’S INTERLOCUTORY APPEAL TO INDIANA SUPREME COURT PENDING.
As of July 1, 2006