Porter County Superior Court
Judge Thomas
W. Webber, Sr.
Venued from LaPorte County
Prosecutor: William F. Herrbach
Defense: Donald W. Pagos, William Janes
Date of Murder: December 15, 1989
Victim(s): Gayle Taylor W/F/35 (No relationship to James)
Method of Murder: shooting with handgun
Summary: James entered an Insurance agency in Michigan City intending to rob. He instructed Gayle Taylor, an employee, to give him her ring, and she complied. He moved Taylor to a back room where she was shot once in the head with a handgun. James was identified going into the Agency. Upon his arrest, James attempted to swallow a ring, later identified as Taylor's engagement ring. James then gave a full confession, but said that when he took Taylor to the back room, an argument ensued and the gun went off accidentally. An ISP blood splatter expert testified that Taylor's head was 1 foot from the floor when shot, implying that she was shot while on the ground, not accidentally during a scuffle.
Conviction: Felony-Murder, Habitual Offender
Sentencing:
February 28,
1991
(Death Sentence, 30 year enhancement of sentence for
Murder in the event Death Sentence is overturned)
Aggravating Circumstances: b (1) Robbery
Mitigating Circumstances: None
Direct Appeal:
James v. State, 613 N.E.2d 15 (Ind. April 29, 1993)
Conviction Affirmed 5-0; Death Sentence Vacated 5-0
Krahulik Opinion; Shepard, Debruler, Givan, Dickson concur.
(Remanded with instructions for either a
new Death Sentence Hearing or imposition of a term of
years - Defendant denied blood spatter expert when
State expert's testimony critical to show intentional
murder)
On Remand:
11-22-93 State files Motion to Withdraw Pursuit of Death Penalty.
11-29-93 James resentenced to consecutive terms of 60 years (Murder) and 30 years (Habitual Offender), for a total sentence of 90 years imprisonment.
James v. State, 643 N.E.2d 321 (Ind. 1994)
(Direct appeal after resentencing and imposition of 90 years imprisonment - Affirmed)
As of July 1, 2006