Knox County Superior Court
Judge Edward
C. Theobald
Venued from Pike County
Prosecutor: Jerry J. McGaughey, Mark Sullivan, Dale P. Webster
Defense: Jimmy E. Fulcher
Date of Murder: March 8, 1981
Victim(s): William Hilborn W/M/72; Mary Hilborn W/F/65 (No relationship to Dillon)
Method of Murder: stabbing with knife
Summary: William and Mary Hilborn were found stabbed to death in their home in Petersburg. Dillon was identified by a Deputy Sheriff as near the property at the time of the murders. When questioned, Dillon said he was not in Petersburg, but was in Princeton at the home of a friend, Jay R. Thompson. The murder weapon, a knife, was later found at Thompson's car. Dillon later gave a complete confession admitting that he and Thompson had committed the Burglary and that he (Dillon) stabbed both victims. They gained entry by requesting to use the telephone. Dillon was armed with a buck knife and stabbed both Hilborns. Both men then forced Mrs. Hilborn, by holding a knife under her chin, to obtain money for them. Dillon then stabbed her again, and when she fell to the floor, cut her throat. Thompson then stabbed both victims with a folding knife to insure that both were dead. At Thompson's trial, a pathologist testified that the fatal wound to both Hilborns was made with a knife similar to the folding knife.
Trial: Information/PC for Murder filed (03-17-81); Amended Information for DP filed (03-23-81); Venued to Knox County (04-08-81); Appearance in Knox County (04-16-81);Voir Dire (07-13-81, 07-14-81, 07-15-81, 07-16-81); Jury Trial (07-20-81, 07-21-81, 07-22-81, 07-23-81, 07-24-81, 07-27-81, 07-28-81); Verdict (07-28-81); DP Trial (07-29-81); Verdict (07-29-81); Court Sentencing (08-21-81); Venued to Clark County after Remand (03-06-86).
Conviction:
Felony-Murder (2 counts), Burglary (A Felony), Conspiracy
to Commit Burglary (A Felony)
Sentencing: August 21, 1981 (Death Sentence)
Aggravating Circumstances: b(1) Burglary; 2 murders
Mitigating Circumstances:
no significant history of prior criminal conduct,
intoxication, 18 years old at time of murder
(Companion Case to Thompson)
Direct Appeal:
Dillon v. State, 454 N.E.2d 845 (Ind. October 3, 1983)
Conviction Affirmed 5-0 DP Affirmed 3-2
Hunter Opinion; Givan, Pivarnik concur; Debruler, Prentice dissent.
Dillon v. Indiana, 104 S. Ct. 1617 (1984)
(Cert. denied)
Habeas:
Dillon v. Duckworth, 751 F.2d 895 (7th Cir. 1984).
(Appeal of Habeas denial by U.S. District Court Judge Gene E. Brooks)
Writ Granted due to ineffective assistance of counsel - Appointed 4 months before trial; Member of bar only 2 1/2 years; Wife filed for divorce, brother had motorcycle accident, and father had emergency heart surgery before trial.
Judge Walter Cummings, Judge John L. Coffey, Judge Clement F. Haynsworth.
Duckworth v. Dillon, 105 S. Ct. 2344 (1985) (Cert. denied)
On Remand:
On 08-29-86 Dillon pled guilty to two counts of murder after change of venue to Clark County, and was sentenced to concurrent 60 year terms of imprisonment on each count.
As of July 1, 2006