Marion County Superior Court
Judge Thomas
E. Alsip
Prosecutor: David E. Cook, Robert P. Thomas
Defense: Gerald DeWester
Date of Murder: June 5, 1984
Victim(s): Kerry Golden W/M/29 (Acquaintance of Huffman, met on night of murder)
Method of Murder: Beating with tire iron; stomping; manual strangulation
Summary: Kerry Golden was introduced to Huffman while at the 50 Yard Line Bar in Indianapolis. They sat together and Golden displayed a large amount of money and marijuana on his person. They met Huffman's longtime friends, Herb Underwood and Rick Asbury and closed down the bar. They smoked some marijuana in the parking lot together and left in a car with Huffman driving, Underwood in the front, and Asbury with Golden in the back. The car was stopped in a remote area. Underwood got out and pulled Golden from the car. Huffman and Underwood told Golden to "give up the pot," then attacked him, both punching and kicking him. They stripped off his clothing and Underwood grabbed his penis and lifted him off the ground as Golden screamed. Underwood then took money from Golden's pants. Asbury got out and kicked Golden and gave his knife to Huffman when he asked. Huffman threatened to kill Golden if he told. Underwood stated that he had to kill him because he did not want to be identified and go to prison. Huffman got a tire iron from the trunk and both he and Underwood beat Golden. Underwood then told Asbury he had to hit Golden. Asbury "tapped" Golden twice with the tire iron. Asbury testified as the State's star witness at trial.
Conviction:
Murder,
Felony-Murder, Robbery (A Felony), Conspiracy to Commit
Murder (A Felony), Conspiracy to Commit Robbery (A
Felony)
Sentencing:
August 23,
1985 (Death Sentence - Murder and Felony-Murder merged)
50 years, 50 years, 50 years consecutive
Aggravating Circumstances: b (1) Robbery
Mitigating Circumstances:
Alcohol and marijuana intoxication on night of murder,
penalty disproportionate to other murder cases
(Joint Trial with Herbert Underwood)
Direct Appeal:
Huffman v. State, 543 N.E.2d 360 (Ind. September 7, 1989)
Conviction Affirmed 3-2 DP Affirmed 3-2
Givan Opinion; Shepard, Pivarnik concur; Debruler, Dickson dissent.
Huffman v. Indiana, 110 S. Ct. 3257
(1990) (Cert. denied)
PCR:
PCR Petition filed 03-23-92.
PCR granted as to convictions and sentence by Special Judge James E. Harris, Summary Judgment to Defendant.
State v. Huffman, 643 N.E.2d 899 (Ind. 1994)
(State's appeal of Special Judge James Harris
granting PCR on convictions and sentence)
Affirmed 4-1 and remanded for new trial due to jury instruction which
shifted burden of proof on intoxication)
DeBruler
Opinion; Givan, Dickson, Sullivan concur; Shepard
dissents.
On Remand:
06-14-96 Plea Agreement filed.
Huffman pleads guilty to Murder and Conspiracy to Commit Robbery (A Felony).
10-31-96 Plea accepted. Huffman sentenced to concurrent terms of 60 years (Murder) and 30 years (Conspiracy to Commit Robbery - A Felony), for a total sentence of 60 years imprisonment. (30,959 days credit)
Marion County Superior Court Judge Paula E. Lapossa
Huffman v. State, 717 N.E.2d 571 (Ind. October 4, 1999).
(Direct appeal of resentencing and 60 years imprisonment - Affirmed)
As of July 1, 2006