Indiana cold case murder charges dismissed for a second time 'in the interest of justice'

KOKOMO, Ind. - Charges filed against a central Indiana murder suspect have been dismissed for a second time in under a year, with the local prosecutor saying it is "in the interest of justice."




Howard County Prosecutor Mark McCann announced Wednesday that charges filed against a man on trial for murder have been dismissed, again. McCann said this is "in the interest of justice and the integrity of the prosecution."




Chad Rouse's family had to wait more than 16 years for an arrest to be made in the 20-year-old Kokomo man's cold case murder. It then took almost two more years for suspect Kevin Maddox to be put on trial in April, only for the accused killer to have his charges dismissed the same day.




The reason for the dismissal? A reported staffing shortage inside the Howard County Prosecutor's Office and a team full of employees "overburdened with pretrial motions."




Charges were then refiled in May, and a trial was set to begin on Wednesday. When prosecutors were expected to bring out their first witness, they instead asked the judge to drop the charges for a second time.

Chad Rouse's murder

Kokomo police officers responded on Nov. 15, 2006, to the 1400 block of Armstrong Street for a potential shooting. Upon arrival, they found 20-year-old Chad Rouse dead from a gunshot wound.




A witness told police an unknown man had entered the home with the intent of robbing it, leading to a fight between Rouse and the suspect. During the struggle, Rouse was shot in the back.

Investigators gathered evidence at the scene and took witness statements, but were unable to identify any specific suspects. Eventually, the case went cold.




"It has been 16 and a half years," Chad's mother, Athena, said in 2023. "We have missed a lot of good times with him."




On May 26, 2023, over 16 years after Rouse was murdered, a Howard County grand jury indicted two people in connection with the case.

Cold case solved?

The grand jury indictment listed two suspects charged in Rouse's death:

• Kevin Maddox, 48, of Indianapolis
  
  
  
  • Charged with murder, robbery resulting in serious bodily injury and conspiracy to commit robbery resulting in serious bodily injury
  
  
  
  





• Amber Brigham, 36, of Kokomo
  
  
  
  • Charged with conspiracy to commit robbery resulting in serious bodily injury and aiding, inducing or causing robbery resulting in serious bodily injury
  
  
  
  

After warrants were granted on May 30, 2023, police arrested Maddox in Indianapolis and Brigham in Miami County.

Brigham's charges dismissed, no reason provided

Brigham's case made its way through the system faster than Maddox's, with her jury trial being scheduled to begin in January 2025. However, hearings were repeatedly pushed back or rescheduled.




Eventually, on April 7, a decision came in from Howard County Superior Court Judge Blake Dahl and Brigham's charges were all dismissed without prejudice.




Days later, bond was dropped in Brigham's case and she was released from custody. The judgment dismissing her charges gave no reasoning for the decision.

Maddox's charges dismissed due to 'ongoing staffing crisis'

Maddox's jury trial was scheduled to begin on April 22 in front of Senior Judge William Menges. However, the hearing was cancelled due to a dismissal judgment.




The dismissal document, obtained by FOX59/CBS4, said the State decided to dismiss Maddox's charges without prejudice. Maddox was then released from custody.




The document listed several reasons for their decision, stating that the Prosecutor's Office:

• Faces a "significant and ongoing staffing crisis,"





• Just finished a "major jury trial" approximately 10 days ago,





• Is prepping for another "major jury trial" starting on April 29,





• Is "overburdened with pretrial motions,"





• Has not yet reviewed discovery provided by the Defense.

However, on May 27, charges were refiled against Maddox and Brigham, with Maddox being charged with murder and robbery resulting in bodily injury.

Maddox's second dismissal

The new murder case against Maddox was set to begin trial on Wednesday, Aug. 13, with a jury being sworn in and seated. After a brief recess, Prosecutor McCann was expected to call forth a witness.




Instead, he asked the judge to dismiss all charges against Maddox with prejudice. This enacts double jeopardy, meaning Maddox would be released and could not ever be charged again in connection with Rouse's death.




Maddox's defense attorneys agreed with McCann's dismissal request and a judge granted it, allowing Maddox to go free without a chance of being charged again in the case.




"This decision reflects our obligation to ensure that every charge we pursue is supported
by the strongest possible evidence and presented in a manner that serves both justice and
the community's trust," McCann stated.




The prosecutor said the dismissal "clears the path" for them to prosecute Brigham, who is charged with felony counts of robbery resulting in serious bodily injury and conspiracy to commit robbery resulting in bodily injury. She is due back in court later this month.




McCann provided no further information in regards to the dismissal.

'Come to Kokomo and kill someone'

In an interview with FOX59/CBS4 on April 23, mother Athena Rouse reacted to the first round of dismissals in the case.




"I was p***ed off," she said. "Very p***ed off. I was sick to my stomach. I haven't been sleeping or anything."




"What message does this send to victims and their families? Come to Kokomo and kill someone because you can get by with it."




FOX59/CBS4 has reached out to Athena for comment on the most recent dismissal of Maddox's murder charges. This article will be updated once more information is released.





via: https://fox59.com/news/indynews/indiana-cold-case-murder-charges-dismissed-for-a-second-time-in-the-interest-of-justice/