DOB: 03-04-1964 DOC#: 942131 Black Male
Vanderburgh County Circuit Court
Judge
Richard L. Young
Prosecutor: Brett J. Niemeier, Jonathan J. Parkhurst
Defense: Dennis A. Vowels, Michael J. Danks
Date of Murder: May 27, 1993
Victim(s): Chris Fillbright W/M/22; Denise Powers W/F/22 (neighbor and her friend)
Method of Murder: shooting with handgun
Summary: Denise Powers was sitting in her car in the parking lot of Green River Manor Apartments in Evansville, waiting for her friend, Chris Fillbright. As Fillbright reached for the passenger door handle, Prowell approached him from behind and shot him in the head without any words or provocation. Prowell then shot twice more through the passenger window, striking Powers in the face and back. Both Powers and Fillbright died. Prowell fled, running over he body of Fillbright as he went. He was later arrested in Benton County, and the murder weapon and ammunition was recovered from his car. He later gave a statement admitting his involvement in the shootings, stating that he felt “threatened” by Fillbright, a Gulf War veteran, who looked at him with a “military look” in his eye earlier.
Conviction: Pled guilty to Murder (2 counts) without Plea Agreement
Sentencing: May 5, 1994 (Death Sentence)
Aggravating Circumstances: 2 murders
Mitigating Circumstances: no significant history of prior criminal conduct, grew up in dysfunctional family, may have been physically and emotionally abused, extreme mental or emotional distress, paranoid personality disorder
Direct Appeal:
Prowell v. State, 687 N.E.2d 563 (Ind. November 4, 1997)
Conviction Affirmed 5-0; DP Affirmed 4-1
Dickson Opinion; Shepard, Selby, Boehm concur; Sullivan dissents
against DP.
Prowell v. Indiana, 119 S.Ct. 104 (1998) (Cert. denied).
PCR:
PCR Petition filed 10-13-98. PCR denied 07-07-99 by Vanderburgh County Circuit Court Judge Carl A. Heldt.
Prowell v. State, 741 N.E.2d 704 (Ind. January 11, 2001)
(Appeal of denial of PCR)
Conviction Reversed 5-0 DP Vacated 5-0.
Boehm Opinion; Shepard, Sullivan, Dickson, Rucker concur against DP.
(Ineffective assistance of trial counsel by failure to investigate and develop expert testimony to support mental illness as defense/plea/mitigator, and a knowing violation of caseload restrictions by trial attorney Vowels)
On Remand:
State withdraws request for death sentence.
On 02-27-02 Prowell entered a plea of Guilty But Mentally Ill to two counts of Murder pursuant to a Plea Agreement calling for a sentence of up to 100 years imprisonment. On 03-09-02 Vanderburgh County Circuit Court Judge Carl A. Heldt sentenced Prowell to the maximum 50 years on each count, for a total of 100 years imprisonment.
Prowell v. State, 787 N.E.2d 997 (Ind. App. May 9, 2003).
(Appeal after resentencing and imposition of 100 year sentence - Affirmed)
As of July 1, 2006