Allen County Superior Court
Judge Alfred W. Moellering
Prosecutor: Stephen M. Sims, Michael J. McAlexander
Defense:Barrie C. Tremper, Charles F. Leonard
Date of Murder: May 19, 1985
Victim(s): Tricia L. Woods W/F/13 (Girlfriend of Lowery's friend)
Method of Murder: Beating with board
Summary: Lowery and his 14 year old friend. Johnnie Winners, drove to a wooded area along with Winners' 13 year old girlfriend, Tricia Woods. Lowery asked Woods to have sex with him, and when she refused, Lowery hit her in the head with a 2 X 4 piece of wood. Lowery then got on top of her and had sex. Lowery instructed Winners to go back to the car. 10-15 minutes later, Lowery also returned to the car with blood on his hands, admitting that he had killed Woods. These facts were testified to by Winners at trial. Lowery's pretrial statement differed significantly, claiming that it was Winners who forced sex with Woods. Lowery stated that he hit Woods in the back of the head with the 2 X 4, then Winners hit her in the face, caving it in. Lowery stated that Winners then put a stick in her vagina and kicked it. The body was discovered 30 days after her death. A stick was found between her legs and death was caused by the blows with the wooden boards.
Trial: Information/PC for Murder filed (06-26-85); Amended Information for DP filed (06-28-85); Voir Dire (11-19-85); Jury Trial (11-20-85, 11-21-98); Deliberations 6 hours, 20 minutes; Verdict (11-21-85); DP Trial (11-22-85); Deliberation 5 hours, 45 minutes; Verdict (11-22-85); Court Sentencing (12-19-85).
Conviction: Murder, Felony-Murder, Aiding Murder, Battery
Sentencing: December 9,
1985
(Death Sentence - Murder, Felony-Murder, Aiding
Murder merged)
Aggravating Circumstances: b (1) Rape, Child Molesting, CDC
Mitigating Circumstances: mental illness, no significant prior criminal history, 23 years old and married at the time of the murder, extreme emotional disturbance, disproportionate treatment of accomplice, turbulent childhood
Direct Appeal:
Lowery v. State, 547 N.E.2d 1046 (Ind. December 8, 1989)
Conviction Affirmed 5-0 DP Affirmed 4-1
Dickson Opinion; Shepard, Givan, Pivarnik concur; Debruler dissents.
Lowery v. Indiana, 111 S. Ct. 217 (1990)
(Cert. denied)
PCR:
PCR Petition filed 04-19-92. Amended PCR filed 07-16-93.
Allen County Superior Court Judge Alfred W. Moellering
06-14-94 Agreed disposition entered, resentenced to 60 years imprisonment.
As of July 1, 2006