A St. Joseph County man who was convicted of killing his girlfriend – but later had the conviction overturned by the Indiana Supreme Court – was found guilty again April 12 of murder.
Brice Webb was convicted in the spring of 2010 for the shooting death of his girlfriend Cherlyn Reyes in October 2009. The two had been drinking and got into several physical fights after Reyes discovered through Webb’s cell phone call history that Webb had made calls to other girls. Webb shot Reyes in their apartment bathroom. He claimed it was an accident.
Justices Robert Rucker, Brent Dickson and Frank Sullivan Jr. reversed Webb’s conviction and ordered a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide. Chief Justice Randall Shepard and Justice Steven David dissented, believing that requiring the trial court to give the lesser-included offense jury instruction after Webb denied his guilt under oath would make a “mockery out of the state’s burden of proof.”
After a five-day trial last week in St. Joseph Superior Court, Webb was convicted of murder and found to be a habitual offender. His sentencing is set for May 13. He previously received 65 years for murder enhanced by 30 years for the habitual offender adjudication.