Venued from Vanderburgh to Clark County.
Cause#: 82C01-0605-MR-438 (Vanderburgh) 10C01-0705-MR-158 (Clark)
Prosecutor: Stanley M. Levco, Donita F.M. Farr
Defense: Barbara Williams, Kurt Schnepper
Date of Murders: April 23, 2006
Victim(s): Donna Lee Joy Claspell, 38, W/F (Friend and roommate); Avery Pike, 13, W/F (Donna’s daughter); Sydne Claspell, 8, W/F (Donna’s daughter)
Method of Murder: Beaten with a hammer and level, knife to cut throat (Donna); Beaten with a hammer and level (Sydne); Strangulation with a sports bra (Avery).
Summary:
Wilkes met and befriended Donna Claspell while they were in an in-patient drug rehabilitation facility in Evansville. After completing treatment, Wilkes moved in with Donna and her two daughters, Avery (13) and Sydne (8). Shortly thereafter, Wilkes began molesting Avery. While intoxicated and under the influence of drugs (tequila, xanax, methamphetamine) Wilkes murdered Donna in her bed, beating her with a hammer and wooden level which resulted in brain injury and hemorrhage; multiple depressed skull fractures; fractured jawbone, cheekbone and orbital socket. He also cut her throat with a knife. Wilkes also murdered Sydne in Donna’s bedroom, beating her with the hammer and level, resulting in severe cuts and massive skull fractures. Wilkes then went to Avery's bedroom and strangled her with a sports bra. He left her naked, face down in bed with her hands tied behind her back and one of her legs tied to the footboard of the bed.
In jury findings, Jury unanimously found Aggravating Circumstances were proved beyond a reasonable doubt and that the Aggravating Circumstances outweighed Mitigating Circumstances. Jury Deadlocked 11-1 on imposing the penalty.
Trial: PC for Murder Filed (04-27-06); Information for Murder Filed (05-01-06); Initial Hearing (05-03-06); Death Penalty Request filed (06-19-06); Change of Venue to Clark County Granted (04-17-07); Voir Dire in Clark County (12-04-07, 12-05-07); Jury Trial in Clark County (12-06-07, 12-07-07, 12-10-07, 12-11-07, 12-12-07); Guilty Verdict after 2 Hours Deliberation (12-12-07); DP Trial (12-13-07, 12-14-07); DP Verdict (12-14-07); Court Sentencing (01-25-08).
Conviction: Murder, Murder, Murder.
Sentencing: January 25, 2008
Aggravating Circumstances: b(8) Three Murders, b(12) Victim Less Than 12
Mitigating Circumstances Presented/Argued:
No significant prior criminal conduct; Under the influence of alcohol and drugs; Depression, mixed personality disorder; Victim was a participant in or consented to the defendant’s conduct; Defendant was only an accomplice and acted under the substantial domination of another person; Developmental upbringing was unstable, abusive and neglectful; Defendant can be safely incarcerated.
DIRECT APPEAL PENDING IN INDIANA SUPREME COURT.
As of April 1, 2008