Marion County Superior Court
Judge John
W. Tranberg
Prosecutor: David Cook
Defense: Grant W. Hawkins
Date of Murder: July 14, 1983
Victim(s): Thomas Ferree W/M/42 (Acquaintance of Games)
Method of Murder: stabbing and bludgeoning with knife, meat cleaver and fireplace poker
Summary: Games and his 14 year old accomplice, Earl Tillberry, agreed upon a scheme to lure Thomas Ferree into taking them to his home, where they would tie him up, knock him out, and steal his stereo and car. Ferree was a homosexual who anticipated sexual favors from Games and Tillberry. Once at Ferree's home, he invited Tillberry upstairs to take a shower with him. Games told Tillberry to consent and to stab him on the stairs. Tillberry did so, and when Ferree fell, Games then attacked him, stabbing him with the same knife. Then with an assortment of knives, a meat cleaver, and fireplace poker provided by Tillberry, Games continued to stab and bludgeon Ferree. They took the victim's car and fled, Ferree died as a result of the multiple stab wounds. Tillberry was the star witness for the State at trial and received a 55 year sentence.
Conviction: Murder, Conspiracy to Murder, Robbery, Conspiracy to Commit Robbery
Sentencing: April 5, 1984 (Death Sentence)
Aggravating Circumstances: b(1) Robbery
Mitigating Circumstances: 18 years old at the time of the murder, minimal prior criminal record, paltry education, unstable family life, consumed alcohol and marijuana on day of murder, remorse over killings, voluntarily surrendered to police, alcohol and drug abuse as teenager, father was abusive alcoholic prone to violence
Direct Appeal:
Games v. State, 535 N.E.2d 530 (Ind. March 14, 1989)
Conviction Affirmed 5-0 DP Affirmed 4-1
Dickson Opinion; Shepard, Givan, Pivarnik concur; Debruler dissents.
Games v. Indiana, 110 S. Ct. 205 (1989)
(Cert. denied)
Games v. Indiana, 110 S. Ct. 523 (1989)
(Rehearing denied)
PCR:
PCR Petition filed 10-11-90. PCR granted by Special Judge James R. Detamore
08-31-95, death sentence vacated; PCR denied with respect to convictions.
Games v. State, 684 N.E.2d 466 (Ind. 1997)
(Appeal of PCR denial by
Special Judge James R. Detamore with respect to convictions; State did
not appeal granting of PCR with respect to Death Sentence due to
ineffective assistance of counsel)
Affirmed 5-0, except that Conspiracy to Battery conviction vacated; Remanded for new DP Sentencing Hearing.
Dickson Opinion; Shepard, Sullivan, Selby, Boehm concur.
Games v. State, 690 N.E.2d 211 (Ind. 1997)
(On Rehearing; Affirmed
5-0, Dickson Opinion; Shepard, Sullivan, Selby, Boehm concur.
Granted
solely to clarify proper appellate standard for review of ineffective
assistance claims.
Games v. Indiana, 119 S. Ct. 98 (1998) (Cert. denied).
On Remand:
02-18-99 Plea Agreement filed. (Open plea, 60 to 118 years imprisonment)
06-15-99 Marion County Superior Court Tonya Walton Pratt sentenced Games to 60 years for Murder, 50 years for Robbery (A Felony), and 8 years for Conspiracy to Commit Robbery (C Felony), with Murder and Robbery sentences to run consecutively for a total of 110 years imprisonment.
Games v. State, 743 N.E.2d 1132 (Ind. March 20, 2001).
(Direct appeal of resentencing and 110 year sentence - Affirmed)
As of July 1, 2006