DOB: 03-28-1958 DOC#: 10213 White Male
Judge Robert S. Gettinger
Venued from Marshall County
Prosecutor: Ralph R. Huff, Fred R. Jones
Defense: Jere L. Humphrey
Date of Murder: April 12, 1979
Victim(s): Jesse Hubbard W/M/45 (Acquaintance of Williams)
Method of Murder: stabbing with butcher knife
Summary: Williams and Larry Perkins agreed on a scheme to blackmail Jesse Hubbard and went to his house for that purpose. They drank beer, smoked pot, and watched TV for awhile, when they decided to rob him instead. Perkins hit Hubbard on the head with his pistol and Williams stabbed him several times in the chest with a butcher knife. He then hit him with a whiskey bottle and a piece of pipe. The men attempted to wipe off their fingerprints, took Hubbard's billfold, and went to Williams' mother's house to split the money. The State's star witness was Perkins, who had entered into a plea agreement with the State involving this murder and two others.
Trial: Indictment for Murder and Death Sentence transferred from Circuit to Superior Court in Marshall County (02-04-80); Motion for Change of Venue (02-12-80); Arraignment in LaPorte County (04-21-80); Motion for Speedy Trial (04-21-80); Amended DP Information (06-06-80); Voir Dire (07-08-80, 07-09-80, 07-10-80); Jury Trial (07-14-80, 07-15-80, 07-16-80, 07-17-80); Verdict 07-17-80); DP Trial (07-17-80); Verdict 07-17-80); Habitual Offender Sentencing Hearing (07-17-80); Verdict (07-17-80); Court Sentencing (08-25-80).
Conviction: Murder, Felony-Murder,
Robbery (A Felony),
Conspiracy to Commit Robbery (A
Felony), Habitual Offender
Sentencing: September 11, 1980 (Death Sentence, 90 years, 30 years, 30 years, 30 years)
Aggravating Circumstances: b (1) Robbery; Convicted of another murder on 05-09-80
Mitigating Circumstances: 21 years old at the time of the murder, beer and marijuana intoxication, stealing, dealing drugs all his life, lived in poverty, his younger brothers are also in trouble with the law, abandoned by his father at age 11.
Direct Appeal:
Larry Williams v. State, 430 N.E.2d 759 (Ind. January 19, 1982)
Conviction Affirmed 5-0 DP Affirmed 3-2
Hunter Opinion; Givan, Pivarnik concur; Debruler, Prentice dissent.
Williams v. Indiana, 103 S. Ct. 33 (1982)
(Appeal dismissed)
Williams v. Indiana, 103 S. Ct. 479 (1982) (Rehearing
denied)
PCR:
PCR Petition filed 03-25-83. PCR denied 04-08-85 by Special Judge Donald Martin.
Williams v. State, 525 N.E.2d 1238 (Ind. 1988)
(Appeal of PCR denial by Special Judge Donald Martin)
DP
vacated 4-1 and remanded due to instructions using
"should" instead of "may" recommend
death; Habitual Offender sentence vacated due to failure
to prove when offenses committed)
Shepard Opinion; Debruler, Givan, Dickson concur; Pivarnik dissents.
On Remand:
New DP Sentencing Hearing conducted and aborted by mistrial on grounds of juror misconduct.State then withdrew request for death sentence. LaPorte County Circuit Court Judge Robert S. Gettinger sentenced Williams to consecutive terms of 60 years (Murder), 30 years (Robbery), and 30 years (Conspiracy to robbery) totaling 120 years imprisonment.
Williams v. State, 619 N.E.2d 569 (Ind. 1993).
(Appeal after remand and imposition of 120 year sentence; Affirmed)
As of July 1, 2006