ILNews

COA upholds convictions in Indianapolis Hamilton Ave. murders

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.

James Stewart was convicted of seven counts of felony murder, six counts of criminal confinement, robbery, carrying a handgun without a license, burglary, and found to be a habitual offender. Stewart, along with Desmond Turner, went to the home of Emma Valdez and Alberto Covarrubvias Sr. on Hamilton Avenue with the intent to rob the family after believing drugs and money were inside. The couple, their two children and Valdez’s grandson, along with two relatives who showed up during the robberies, were killed.

There were no eyewitnesses who placed him at the crime scene and no physical evidence linked him to the crime. Testimony from four individuals regarding his confessions to being involved in the crime was used to convict him.

In James Stewart v. State of Indiana, No. 49A04-1001-CR-48, Stewart challenged his convictions of felony murder and robbery for violating double jeopardy principles, the admission of certain photographs and evidence and the exclusion of other testimony under the rules of hearsay, and whether he should have received the protections under the life without parole statute because his 425-year sentence is essentially a life sentence.

The appellate court agreed Stewart couldn’t be convicted of the robbery count and felony murder of one of the victims, and it vacated the robbery conviction and four-year sentence attached to it. In doing so, the majority declined to remand to enter judgment of conviction for the intentional murder conviction that the trial court vacated at sentencing. On this issue, Judge Cale Bradford concurred in result. The judges affirmed Stewart's remaining convictions, finding there was sufficient evidence presented to support them.

Regarding his sentence, the Court of Appeals found it didn’t violate equal protection considerations and wasn’t fundamentally unfair. Stewart wasn’t entitled to the protections found under the LWOP statute because his sentence is an aggregate one based on individual sentences imposed for multiple convictions and his habitual offender adjudication. The LWOP statute authorizes the imposition of a life sentence without parole for a single charge or conviction. Also, Stewart wasn’t denied due process in any fashion in the way he was sentenced, noted Judge James Kirsch.

The trial court didn’t err in excluding two statements implicating “Lucky” as the second shooter. Stewart wanted to have those statements admitted because he was trying to prove the truth of his assertion that Turner’s accomplice was named “Lucky,” not Stewart.

The judges also affirmed the admittance of testimony by a witness regarding the statement by Turner about finding Stewart after the murders to prevent Stewart from blaming Turner for the crimes. These statements were offered to show Turner’s then-existing state of mind.

With regard to crime scene and autopsy photos, the trial court didn’t err in admitting the gruesome photos as evidence. The probative value of the pictures outweighed any potential prejudice, wrote the judge.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT