Indiana Death Row

THOMPSON, JAY R. # 18

OFF DEATH ROW SINCE 04-25-86

DOB: 10-28-1963 DOC#: 13149 White Male

Harrison County Circuit Court
Judge Scott T. Miller

Venued from Pike County

Prosecutor: Jerry McGaughey

Defense: Tim Dodd

Date of Murder: March 8, 1981

Victim(s): William Hilborn W/M/72 Mary Hilborn W/F/65 (No relationship to Thompson)

Method of Murder: stabbing with knife

Summary: William and Mary Hilborn were found stabbed to death in their home in Petersburg. Richard Dillon was identified by a Deputy Sheriff as near the property at the time of the murders. When questioned, Dillon said he was not in Petersburg, but was in Princeton at the home of a friend, Jay R. Thompson. The murder weapon, a knife, was later found at Thompson's car. Dillon later gave a complete confession admitting that he and Thompson had committed the Burglary and that he (Dillon) stabbed both victims. They gained entry by requesting to use the telephone. Dillon was armed with a buck knife and stabbed both Hilborns. Both men then forced Mrs. Hilborn, by holding a knife under her chin, to obtain money for them. Dillon the stabbed her again and when she fell to the floor, cut her throat. Thompson then stabbed both victims with a folding knife to insure that both were dead. The pathologist testified that the fatal wound to both Hilborns was made with a knife similar to the folding knife. Dillon testified for the State. Thompson was waived from Juvenile Court to be tried as an adult.

Conviction: Murder, Murder (Jury Verdict Against Death Penalty)

Sentencing: March 18, 1983 (Death Sentence)

Aggravating Circumstances: b(1) Burglary, Robbery; Prior Murder Conviction

Mitigating Circumstances: 17 years old at the time of the crime

Direct Appeal:
Thompson v. State, 492 N.E.2d 264 (Ind. April 25, 1986) 65 ALR4th 805
Conviction Affirmed 5-0 DP Vacated 3-2 with instructions to conduct new DP hearing
(Prior murder conviction was improper aggravator relied on by Judge where it was not charged and did not accrue until after trial; Aggravator of committing another murder was not charged or instructed upon)
Dickson Opinion; Debruler, Shepard concur; Givan, Pivarnik dissent.

Judge Overrides Jury Verdict Against Death Penalty
Companion Case to Dillon

On Remand: Thompson resentenced to 120 years imprisonment by Special Judge Henry N. Liest in Harrison County.
Thompson v. State, 552 N.E.2d 472 (Ind. 1990)
(Appeal after remand and imposition of 120 years imprisonment - Affirmed)

As of July 1, 2006


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