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| 2/26/2007 3:28:00 PM | Email this article • Print this article |
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| Steve Gilmore is escorted out of the courtroom during his first murder trial in 2005. |
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Murder charge stands
Judge: failure of jury to complete verdict form means Gilmore will have 2nd trial
Lilian Carmer
The murder case against Stephen "Happy" Gilmore, 54, of Commiskey continues. Circuit Court Judge Jon Webster denied Gilmore's motion to dismiss the charge on Friday, Feb. 23.
Gilmore is accused of killing his former stepfather, Billy Akers, 59, on Feb. 21, 2005. Akers died after he was struck with a bullet from a .22 caliber rifle. Gilmore claims the shooting was in self defense. He alleges that Akers was trying to force his way into Gilmore's mother's home when the incident took place.
Gilmore's first jury trial in August 2005 ended with a hung jury. Jurors reported after the trial they had decided Gilmore was not guilty of murder, but were unable to reach a unanimous decision on a charge of reckless homicide. However, no verdict form was completed.
"This court had no way of knowing whether the jurors were deadlocked on murder or reckless homicide," Webster said. "Apparently, this information came to light after the jury was discharged."
During the hearing on the motion to dismiss, Gilmore's attorney, Mark Wynn, attempted to bring jurors in to testify about their decision. However, Prosecutor Gary Smith and his chief deputy, Drew Dickerson, objected, and no juror was permitted to speak.
Private investigator John Mann was the only witness at the hearing. He stated he had personally interviewed each juror and they had unanimously agreed Gilmore was not guilty of murder.
The defendant offered an alternate theory of dismissal relying on another criminal case. However, the court declined to apply it to the facts of Gilmore's case.
Gilmore's second jury trial is presently scheduled to begin Thursday, March 1. However, there are other motions pending which may delay it. Gilmore has asked have the trial moved out of Jennings claiming he cannot get a fair trial here because of publicity and disclosures of inadmissible evidence during his first trial.
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Reader Comments
Posted: Monday, December 03, 2007
Article comment by:
Gary L. Mundy
My interest in this case is not personal. I am not acquainted with Mr. Steve Gilmore. I was acquainted with Mr. Billy Akers having ridden horses with him for a number of years. He rode at a riding camp owned by friends of mine and a number of us rode together from time to time about 12-13 years ago. My impression of Mr. Akers was that he seemed mentally disturbed and I was somewhat fearful of him.
I've done some research regarding laws, protocol and procedures pertaining to verdict forms. I have been unable to find information pertaining specifically to Indiana law, but have found several references to other states. If a blank verdict form is submitted by a jury, the judge would normally ask for a polling of all jury members. I.e., each juror would be verbally asked for his/her verdict. Also, both the prosecutor and the defendant have the right to poll each member of the jury in the case of blank or fully completed verdict forms. This seems to be a standard procedure and just makes good sense. A defendant's attorney who did not demand a polling of each juror in a case like Mr. Gilmore's is puzzling.
A somewhat similar case to this one occurred in my home county a number of years ago. I.e., a man broke into a home and was shot. Other facts were different but the basic premise is the same. A grand jury was convened to determine if the shooter was to be charged. No charges were ever filed based on the finding of the grand jury. I question why Mr. Gilmore was simply charged with murder immediately in this case. In fact, I question why he was ever charged with anything, let alone murder.
I am currently in the process of writing various news agencies around the country. It is my hope that national attention to this case will help resolve the inequities leveled against Mr. Steve Gilmore.
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