DOB: 08-12-1951 DOC#: 4168 Black Male
Marion County Superior Court
Judge
Jeffrey V. Boles
Originally venued to Hendricks County.
By agreement, returned to Marion County, with Hendricks Circuit
Judge Jeffrey V. Boles presiding.
Prosecutor: J. Gregory Garrison, David E. Cook (Stephen Goldsmith)
Defense Attorney: Thomas E. Alsip
Date of Murder: December 11, 1980
Victim(s): Jack Ohrberg W/M/44 (Indianapolis Police Officer - No relationship)
Method of Murder: shooting with AR-15 rifle
Summary: On December 11, 1980 at 5:30 a.m., Indianapolis Police Sergeant Jack Ohrberg and other officers went to 3544 North Oxford in Indianapolis attempting to serve papers on persons believed to be at that location. Ohrberg banged on the door several times and identified himself as a police officer. Two other officers on the front porch were in uniform. After the next door neighbor told officers that there was noise from inside the apartment, Ohrberg crouched and pounded with his shoulder on the door, which began to open. Officers saw furniture blocking the door, and saw 2 or 3 muzzle flashes from two different locations inside. Ohrberg was shot and collapsed on the porch. Officers took cover and saw a man come out onto the porch, point a rifle, and fire at least 2 additional shots into Ohrberg. Officers took cover and returned fire. Shots continued to come from inside the house. After a few minutes, Gregory Resnover came out, threw down an AR-15 rifle and surrendered. Earl Resnover followed, laying down an AR-15 and a pistol. Ohrberg's business card was found in Earl's wallet. Two women then came out, leaving wounded Smith inside. An AR-15 which was recovered next to Smith was found to be the murder weapon. An arsenal of weapons and ammunition was recovered inside the apartment.
Conviction: Murder, Conspiracy to Commit Murder (Class A Felony)
Sentencing: July 23, 1981 (Death Sentence, 50 years imprisonment)
Aggravating Circumstances: b(6) law enforcement victim
Mitigating Circumstances: None
Direct Appeal:
Resnover v. State, 460 N.E.2d 922 (Ind. March 19, 1984)
Conviction Affirmed 5-0; DP Affirmed 5-0 Pivarnik Opinion; Givan, Hunter, Debruler, Prentice concur.
Resnover v. Indiana, 105 S. Ct. 231
(1984) (Cert. denied).
(Joint Trial with Tommie J. Smith, who also received a Death Sentence and was executed on 07-18 -96)
PCR:
Resnover v. State, 507 N.E.2d 1382
(Ind. 1987) (Appeal of PCR denial by Special Judge John
Tranberg)
Affirmed 5-0 Givan Opinion; Shepard, Debruler,
Pivarnik, Dickson concur.
Resnover v. Indiana, 108 S. Ct. 762
(1988) (Cert. denied)
Resnover v. State, 547 N.E.2d 814 (Ind.
1989) (Appeal of 2nd PCR denial by Special Judge Mary Lee
Comer)
Affirmed 4-1 Pivarnik Opinion; Shepard, Givan,
Dickson concur; Debruler dissents.
Resnover v. Indiana, 111 S. Ct. 216
(1990) (Cert. denied)
Habeas:
Resnover v. Pearson, 754 F.Supp.
1374 (N.D.Ind. 1991)
(Petition for Habeas Writ denied by Judge Allen Sharp, U.S. District Court, Northern District of Indiana.
Resnover v. Pearson, 965 F.2d 1453 (7th Cir. 1992) (Affirmed)
Resnover v. Pearson, 9 F.3d 113 (1993) (Petition for Judgment Relief denied).
Resnover v. Carter, 113 S.Ct. 2935 (1993) (Cert. denied).
Resnover v. Carter, 114 S.Ct. 16 (1993) (Rehearing denied).
Resnover v. Carter, 114 S.Ct. 2769 (1994) (Cert. denied).
Resnover v. Carter, 115 S.Ct. 29 (1994) (Rehearing denied).
Resnover v. Indiana, 115 S.Ct. 658 (1994) (Application for stay denied).
RESNOVER WAS EXECUTED BY ELECTRIC CHAIR ON 12-08-94 AT 12:13 AM EST. HE WAS THE 73RD CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900 AND 3RD SINCE THE DEATH PENALTY WAS REINSTATED IN 1977. RESNOVER WAS THE FIRST CONVICTED MURDERER TO BE EXECUTED AGAINST THEIR WILL IN INDIANA IN OVER 30 YEARS AND THE LAST TO BE EXECUTED BY ELECTRIC CHAIR.
As of July 1, 2006