Wayne County Superior Court
Judge Robert
L. Reinke
Venued from Hancock County
Prosecutor: J. Gregory Garrison, Terry K. Snow
Defense: Patrick Murphy, Mark Maynard
Date of Murder: May 8, 1986
Victim(s): Malcolm Grass W/M/42 (Hancock County Deputy Sheriff)
Method of Murder: shooting with .357 handgun
Summary: Castor and his brother worked for Sugar Creek Resort near Greenfield. After reviewing company documents, they concluded that the corporate owners of the resort had been defrauding lending institutions, and decided to blackmail them for $250,000. When they contacted their superior at the company to do so, the company called in the FBI and local sheriff and recorded the conversations. Castor claimed that the company had hired hit men who had looked for him and ransacked his home. A meeting was eventually arranged for the payoff to take place at an Amoco station on State Road 9 just north of I-70. Castor and his brother arrived driving separately. While Castor was waiting inside his truck, several unmarked FBI and Sheriff vehicles closed in. One vehicle pulled directly in front of Castor, blocking his escape. The passenger, Deputy Malcolm Grass, jumped out with his gun drawn. While no one was in uniform, officers announced themselves as Castor got out of his truck firing a .357. A ricochet bullet killed Deputy Grass. Castor surrendered and claimed that he thought they were the company's hit men.
Conviction: Murder, Carrying a Handgun Without a License
Sentencing: July 29, 1988 (Death Sentence, 6 months concurrent)
Aggravating Circumstances: b (6) Victim was law enforcement officer
Mitigating Circumstances: None
Direct Appeal:
Castor v. State, 587 N.E.2d 1281 (Ind. March 2, 1992)
Conviction Affirmed 5-0; DP Vacated 4-1
Krahulik Opinion; Debruler, Dickson, Givan concur; Shepard dissents.
(Defendant must "know," not
merely "should know," that murder victim was
officer / appointment of psychiatrist required for DP
hearing)
Castor v. Clark, 111 S. Ct. 2276 (1991)
(Cert. denied)
Castor v. Clark, 112 S. Ct. 16 (1991) (Rehearing denied)
On Remand:
March 1995 Castor committed to Logansport Mental Hospital; proceedings stayed.
05-07-96 DP Request withdrawn, resentenced by Wayne Superior Court Judge Barbara A. Harcourt to a fixed term of 60 years imprisonment for Murder.
Castor v. State, 754 N.E.2d 506 (Ind. September 13, 2001) (Direct appeal after remand and sentence of 60 years imposed; Affirmed)
As of July 1, 2006