DOB: 07-14-72 DOC: #108001 White Male
Vanderburgh County Circuit Court
Judge Carl A. Heldt
Defense: Glenn A. Grampp, Mitchell Rothman
Date of Murder: February 26, 2001
Victim(s):
Melissa McManus W/F/29 (wife)
Lindsey McManus W/F/8 (daughter)
Shelby McManus W/F/23 months (daughter)
Method of Murder: Shooting with .38 handgun
Summary: McManus was separated from his wife, Melissa. His two daughters, Lindsay (8) and Shelby (23 months) lived with Melissa. Shelby was born with severe birth defects. Divorce papers were served on him at his mother's house on the day of the murders. McManus took a taxi to his wife's residence and shot her once in the leg and 3 times in the head, killing her. He then shot 8 year old Lindsey 3 times in the head, then shot Shelby once in the head. He then drove to the Henderson bridge between Indiana and Kentucky and climbed to the very top (the equivalent of 11 stories). Despite the best efforts of law enforcement to talk him down, he jumped into the Ohio River. Miraculously, he was rescued from the water with only minor back injuries. An insanity defense was unsuccessfully presented at trial. McManus had told acquaintances the weekend before the murders to “watch the papers,” because he was going to “do something big.”
Trial: Information/PC for Murder filed (02-27-01); Amended Information for DP filed (03-20-01); Voir Dire (04-24-02, 04-25-02); Jury Trial (04-29-02, 04-30-02, 05-01-02, 05-09-02, 05-09-02); Verdict (05-09-02); DP Trial (05-10-02); Verdict (05-10-02); Court Sentencing (06-05-02).
Conviction: Murder (3 counts)
Sentencing: June 5, 2002 (Death Sentence)
Aggravating Circumstances:
b(12) Victims less than 12 years old; b(8) 3 Murders
Mitigating Circumstances:
No significant prior criminal record, Depression and mental abnormalities, Irresistible impulse
Direct Appeal:
McManus v. State, 814 N.E.2d 253 (Ind. August 31, 2004)
Conviction Affirmed 5-0 DP Affirmed 5-0
Shepard Opinion; Dickson, Sullivan, Boehm, Rucker concur.
PCR:
02-28-05 Notice of Intent to File PCR filed. Petition due by August 22, 2005.
PCR:
02-28-05 Notice of Intent to File PCR filed. Petition due by August 22, 2005.
For Defendant: Steven H. Shutte, JoAnna McFadden, Deputy Public Defenders (Carpenter)
For State: Stephen R. Creason, Deputy Attorney General (S. Carter)
05-10-06 Senior Judge William J. Brune grants Petition for Postconviction Relief as to death sentence, holding that McManus meets the statutory requirements of mental retardation.
PENDING STATE’S APPEAL TO INDIANA SUPREME COURT ON GRANTING OF PCR.
As of July 1, 2006