Daryl Chiletz

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BARTHOLOMEW COUNTY, Ind. - Joe Villanueva is the former Johnson County Prosecutor, but he's never seen a rebuke like the one Bartholomew County Circuit Judge Kelly Benjamin wrote last week vacating the 1999 murder conviction of Jason Hubbell for the killing two years earlier of Sharon Myers.

"Judge Benjamin went through and listed all the ways in which the defense was denied exculpatory evidence in the course of the investigation of the case leading up to trial and then even after the trial occurred that things were still not given to them," said Villanueva after reading the judge's opinion.

In an 83-page ruling, under consideration since a hearing for Petition for Post Conviction Relief last February, Judge Benjamin found that Columbus police repeatedly ignored leads that indicated Michael Dean Overstreet, convicted in the 1997 killing of Franklin College student Kelly Eckart, was also suspected of killing Myers, and CPD's and The Bartholomew County Prosecutor's refusal or inability to turn over significant exculpatory evidence violated Rules of Discovery and jeopardized Hubbell's right to a fair trial.

"These were things that were discussed in the judge's order that his original trial counsel had specifically asked for and they were simply not given to him," said Villanueva. "It's always better to hand that stuff over and deal with how it impacts the case later on than to not let that get out there."

More than a dozen times throughout her ruling, Judge Benjamin wrote that the exclusion or non-disclosure of several pieces of information was "suppressed by the State and favorable to Hubbell."

Some of that information included similarities between the Myers and Eckart murders, Overstreet's claim to an acquaintance that he was having an affair with a woman named Sharon in Columbus that resulted in the birth of a child three months before the killing, that he was on his way to Arvin Industries, Myers' place of work, to apply for a job the morning she disappeared and returned home that night "covered in blood," witness accounts of a man who resembled Overstreet with Myers, Overstreet's familiarity with the Camp Atterbury wilderness where both Myers and Eckart were killed and the Myers abduction van similar to a vehicle driven by Overstreet.

Hubbell was convicted based on carpet fiber evidence, an uncertain alibi at the time of Myers' abduction, his employment at Arvin Industries and shaky testimony by uncertain witnesses and persons facing their own criminal charges.

Judge Benjamin blamed "tunnel vision" for "CPD withholding material exculpatory evidence that either implicated Overstreet in the Myers' homicide and/or linked Overstreet to Myers," and that a detective's file was incomplete and "had all the information pertaining to Overstreet removed. This Court does not find that to be a coincidence."

The judge found the detective "intentionally failed to truthfully inform (Hubbell's trial attorney) of the information he was aware of linking Overstreet to Myers and implicating him in Myers' murder as an alternate suspect," and that the officer's "testimony was misleading."

"I think probably the most troublesome fact was one of the investigators who was involved in the case that seemingly withheld some important information," said Villanueva. "You do have people who are involved in the case still around, maybe some of these investigators, based on this judge's finding, their testimony is now tainted. Their credibility is greatly damaged by things that they said and did under oath."

Villanueva said the prosecutor will also face an uphill climb in resurrecting an investigation going back to 1997.

"Its almost like a Mount Everest, it really is," Villanueva said. "You're gonna have issues with witnesses, people maybe have passed away, maybe they've moved away, you can't find them anymore. For those you can find, maybe their memory isn't what it used to be. They don't record the events as well."

Much of the new evidence was discovered by Hubbell, who continued to work on his case from behind bars at the Pendleton Correctional Facility with the assistance of the Notre Dame Exoneration Justice Clinic.

In her ruling, Judge Benjamin wrote, "The State's failure to disclose the material exculpatory evidence undermines the confidence in Hubbell's guilty verdict and deprived Hubbell of his right to a fair trial."

The judge's decision does not find Hubbell not guilty, merely that his attorneys were denied information that could have been used to argue for a jury acquittal based on reasonable doubt.

Bartholomew County Prosecutor Lindsey Holden-Key last month refused comment on the pending case.

Judge Benjamin has set a hearing for Oct. 2 to determine if the prosecutor will appeal her ruling, seek a new trial, ask for more time or agree to set Hubbell free.

Lisa Davis told FOX59/CBS4 that, even though her brother has served nearly half of a 75-year prison sentence for a murder he claims he did not commit, Hubbell does express sympathy for the Myers family.

Davis said she is looking forward to bringing her brother home.

"Just to have him out here breathing fresh air and reconnecting with the earth, walking in the grass, I just can't imagine or never be able to figure out how it can take so long to prove somebody innocent when the evidence was so obvious back then that both murders were identical and it's about the same time period and just a couple miles apart."

via: https://fox59.com/news/bartholomew-county-prosecutor-faces-mount-everest-in-attempting-to-refile-vacated-1999-murder-conviction


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Woman arrested for murder after domestic dispute ends with fatal stabbing


INDIANAPOLIS - A 31-year-old woman is in jail accused of murder after police say a domestic dispute ended with a deadly stabbing on Indy's east side.

According to court records, the suspect initially claimed the fatal stabbing was in self-defense, but she later confessed she was not in fear for her safety; she was simply enraged.

Less than 15 minutes after being driven to Community East Hospital by his domestic partner and two good Samaritans, 20-year-old Breyner Perez Matute died from a single stab wound to his chest early Saturday morning.

Police quickly learned the stabbing took place at an apartment complex on Shortridge Drive, directly behind IMPD's East District headquarters.

Mirla Gonzalez-Palma, 31, also known as Milla, told police she got drunk and stabbed her partner after he hit her during an argument.

Mirla Gonzalez-Palma

"Unfortunately, individuals involved in this lost their temper and both parties may have done so, it's believed that by detectives," said IMPD officer Tommy Thompson.

According to the affidavit filed by police, the suspect confessed she was drunk, enraged, offended and wanted vengeance. She even admitted that after the victim hit her, he tried to be reasonable with her, but it was just too late.

In the end, Gonzalez-Palma said she was sorry and she didn't intend to kill him.

"We have to know when to walk away and take a deep breath," said Thompson.

For their part, IMPD praised witnesses at the apartment complex, including the suspect's 12-year-old son, for assisting the investigation.

One neighbor said she saw the suspect trying to drag the victim to the car. The suspect was yelling at the victim, "Don't die," and told witnesses, "He hit me."

Police again urge everyone to settle their conflicts without resorting to violence.

"We need the community to think twice with their actions. When you're in a hostile argument, maybe it's turning physical, you have to be able to walk away and get to a safe place. If police are needed, contact the police," said Thompson.

Jail records show the accused killer is being held on a federal detainer from Venezuela, although the prosecutor's office noted given the severity of the murder allegation, Gonzalez-Palma's immigration issue may have to wait until the criminal case is concluded.

In addition to the federal detainer, the suspect is being held without bond pending the filing of formal charges.

She's due in court for an initial hearing on Tuesday.


via: https://fox59.com/news/indycrime/woman-arrested-for-murder-after-domestic-dispute-ends-with-fatal-stabbing


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Court docs: Lebanon man uses screwdriver to kill 64-year-old man


LEBANON, Ind. -- A Lebanon man reportedly resorted to using a screwdriver to kill a 64-year-old man after attempting to use various objects.

According to court documents, 36-year-old Jacob Cram was taken into custody on murder charges in Boone County after the reported incident on Sept. 10.



On the evening of Sept. 10, an officer with the Lebanon Police Department was approached by two individuals who said that Cram reportedly killed Donald Bowers.

In an interview with one of the witnesses, he reportedly told officers that he saw Cram attempt to hang a blanket over a door inside a Lebanon home. At the time, the witness reportedly was initially stopped by Cram, saying "I can't show you," then stated, "Oh, well, I guess I can."

The witness then reportedly saw the owner of the home, identified as Bowers, on the ground with his head wrapped in duct tape and a screwdriver sticking out of his head. At this time, Cram reportedly told the witness to "not... tell anyone what he had seen."



After the initial report, Lebanon police officers responded to the home and found Bowers' body. As part of the investigation, officers were told by another witness that Cram's last known location was inside Bowers' home with Bowers.

Cram was eventually taken into custody. During an interview, Cram reportedly confessed to killing Bowers, stating that he tried multiple different ways of killing Bowers, including striking him with a broom handle, cutting Bowers with a box-cutter and wrapping a blanket around his face.

Cram reportedly told police that during the multiple attempts to kill Bowers, Bowers was reportedly fighting back.

Cram's initial hearing occurred Monday afternoon, according to court documents.


via: https://fox59.com/news/indycrime/court-docs-lebanon-man-uses-screwdriver-to-kill-64-year-old-man


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Treetop adventure park coming to Westfield's Grand Park


WESTFIELD, Ind. - An aerial adventure is coming to Grand Park in Westfield.

On Monday, Grand Park Sports & Entertainment announced that TreeRunner Adventure Parks is bringing its exhilarating brand of treetop and ziplining fun to Westfield's Grand Park.

"TreeRunner Adventure Parks are known for thrilling and unforgettable outdoor adventures in nature, and soon right in Westfield's backyard," said Greg Stremlaw, co-CEO of Grand Park Sports & Entertainment. "This partnership elevates Grand Park beyond sports and strengthens our role as a destination where the Indianapolis families, visiting athletes and their families can enjoy recreation, team building and ziplining through a forest."

TreeRunner is known for its treetop obstacle courses, where visitors - suspended high up amongst the trees - can zipline, climb and swing across a variety of courses of varying difficulty. TreeRunner operates aerial adventure parks across several states including Michigan and North Carolina.

Adobe Stock photo of a boy at a treetop adventure park

"TreeRunner has been searching for the ideal aerial park location in the Indianapolis
market for over five years and the one location that had the combination of an active local
audience and abundance of athlete visitors was Grand Park," said Gaal Karp,
TreeRunner development director.

Grand Park believes that TreeRunner will draw visitors from across the state as families look for fun, outdoor recreation. TreeRunner's new Grand Park locations will span five acres and include 50 climbing elements and 20 ziplines, according to its website.

Construction is already underway in Grand Park and will be located just off 186th Street. Grand Park said TreeRunners is aiming for a "Grand" opening in March 2026, but don't be surprised if some special weekend events are available this fall.

TreeRunners is the second outdoor, recreational park to be announced in Hamilton County in the past year. Just a few miles north, near Sheridan, the nature and water-themed adventure park SkyLake is under construction with a summer 2026 opening.


via: https://fox59.com/indiana-news/treetop-adventure-park-coming-to-westfields-grand-park


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Docs: Camera found in bathroom at child's birthday party, man arrested


GREENFIELD, Ind. - A Greenfield man was arrested after he allegedly molested a juvenile for years.

Joseph Bilbrey, 39, was charged with the following offenses:


  • Two counts of Child Molesting, a Level 1 Felony

  • Performing Sexual Conduct in the Presence of a Minor, a Level 6 Felony

  • Child Molesting Fondling, a Level 5 Felony

  • Two counts of Child Solicitation, a Level 5 Felony

  • Child Molesting or touching child under 14, a Level 4 Felony

  • Child Seduction, a Level 1 Felony

  • Voyeurism, a Level 6 Felony



    Officers were dispatched on Saturday, Dec. 28, 2024, to N 300 W in Greenfield on a report of voyeurism and child molestation involving a juvenile.

    According to court documents, a juvenile victim allegedly found a camera in the bathroom at a birthday party. After telling an adult, the victim reportedly was angry and broke the SD card. The video was not able to be restored, however an interview ensued.

    The interview led to the 14-year-old victim saying that she has been sexually attacked by Bribley for at least 6 years.

    Significant amounts of information are redacted to extremely explicit content.

    This is an active investigation. Information will be updated as it becomes available.


    via: https://fox59.com/news/indycrime/docs-camera-found-in-bathroom-at-childs-birthday-party-man-arrested


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    INDIANAPOLIS -- A traffic stop early Sunday morning led to the arrest of a second suspect in relation to a homicide investigation from October 2024.

    According to a post on social media from the Indianapolis Metropolitan Police Department, an IMPD officer was patrolling the downtown district just before 5 a.m. on Sunday. The officer reportedly observed a vehicle commit two traffic violations, causing the officer to pull it over.

    The post read that the four occupants of the vehicle provided the officer with their names during the traffic stop. One of the passengers of the vehicle, identified by IMPD as an 18-year-old, was confirmed to have an active arrest warrant for felony murder and robbery charges.



    The charges were in relation to a reported fatal shooting that stemmed from a robbery on the near south side of Indianapolis in October 2024. According to previous reports, officers were called to the 300 block of Park Haven Way on a report of a shooting.

    The man who was shot, identified as 26-year-old Jose Hernandez, was taken to a local hospital in critical condition. Hernandez was later pronounced dead. As an investigation into the incident continued, detectives found that Hernandez was shot during a reported robbery.

    Two suspects were identified in this incident, including 33-year-old Brittany Norton and the unidentified teen, who was taken into custody on Sunday by IMPD. Norton was arrested on Jan. 3 on her active warrant for the charges of murder and robbery.

    According to court documents, Norton's jury trial is scheduled to begin on Nov. 17 in Marion County.


    via: https://fox59.com/news/indycrime/impd-second-suspect-in-october-homicide-investigation-arrested-after-downtown-traffic-stop


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    465 ramp to Binford Boulevard reopens on northeast side


    INDIANAPOLS - A busy I-465 ramp that closed back in July is open once again.

    The eastbound I-465 ramp to southbound Binford Boulevard closed as part of the ongoing Clear Path 465 project. It reopened around 5:30 a.m. Monday.

    In order to get the area ready, crews closed down some nearby roads and instituted lane restrictions over the weekend.

    The approximately two-month-long closure allowed crews to reconstruct Binford Boulevard to separate local traffic from traffic entering and exiting I-465 and I-69. Crews were also able to move a concrete barrier in the area.

    Image via INDOT

    Traffic is now moving on the new bridge. Drivers should look for a temporary traffic signal on southbound Binford Boulevard north of 75th Street. It's intended to manage traffic on southbound Binford Boulevard from I-465 and I-69.

    The Clear Path 465 project aims to improve safety and traffic flow along the busy interstate corridor on the northeast side. It includes added travel lanes, modifications to interchanges, more than a dozen new bridges, pavement replacement and maintenance.

    The Indiana Department of Transportation said multiple ramps and bridges should be finished by the end of the year, including the ramp from 56th Street to northbound I-465, the ramp from Allisonville Road to eastbound I-465, several bridges and full access to I-69, I-465 and Binford Boulevard from 82nd Street.

    Construction started in early 2022. The entire project is slated for completion in 2026.

    via: https://fox59.com/indiana-news/465-ramp-to-binford-boulevard-reopens-on-northeast-side


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    INDIANAPOLIS - Crews responded early Monday morning to a building fire on the near south side of Indianapolis.

    The Indianapolis Fire Department was dispatched around 12:45 a.m. to the 2900 block of Shelby Street. Firefighters encountered heavy fire at the vacant two-story building.

    Crews had the fire under control in less than 15 minutes.

    No one was hurt. The cause remains under investigation.

    via: https://fox59.com/indiana-news/crews-respond-to-fire-on-indys-near-south-side


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    Hot week ahead; awaiting next storm chances

    Hot week ahead; awaiting next storm chances


    Expect a great start this morning, under clear skies and comfortable temperatures, to begin your Monday morning. Out-the-door temperatures will range between 55-60° in most areas at sunrise.



    This afternoon will bring plenty of sunshine, light winds and very warm conditions statewide.



    Another quiet evening ahead is expected too!



    The workweek will likely remain rain-free and hot, as a stable pattern is on lock with daily sunshine through Friday! Next storm chances, likely not to return until Saturday.



    via: https://fox59.com/weather/hot-week-ahead-awaiting-next-storm-chances


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    INDIANAPOLIS - Spencer Shrader kicked a 45-yard game-winning field as time expired to lift the Indianapolis Colts to a 29-28 win over the Denver Broncos on Sunday afternoon.

    The Colts are now 2-0 for the first time since 2009.

    Shrader missed a 60-yard attempt, but the Broncos were flagged for leverage. The penalty moved the kick 15 yards closer and the second-year kicker didn't miss his second chance.

    The Colts' offense picked up where it left off last week against Miami. Daniel Jones connected with Josh Downs for 19 and 10 yards, then hit Michael Pittman Jr. for another 10 yards with 15 yards tacked on for roughing the pass to move into field goal range.

    Shrader made a 29-yard field goal for the early 3-0 lead. The scoring drive marked eight straight possessions with points to start the season.

    Denver answered with a 6-play, 64-yard drive capped by a Bo Nix to Marvin Mims Jr. 23-yard touchdown to give the Broncos the lead.

    The Colts made it nine straight possessions with points as Shrader kicked a 33-yard field goal to cut Denver's lead to 7-6. The highlight of the drive was a Jones to Tyler Warren 41-yard gain.

    The Colts' defense forced the first punt of the game and the offense went right back to work as Jones hit Jonathan Taylor for a 43-yard gain down to the Broncos' 11-yardline. Jones finished the drive with a one-yard touchdown plunge, his third rushing touchdown of the season to put the Colts back on top, 13-7.

    Denver responded behind Nix and wide receiver Tony Franklin. The second-year quarterback found Franklin for a 42- and 16-yard gain before connecting with him again for a three-yard touchdown to put the Broncos ahead, 14-13.

    The Colts' streak of scoring possessions finally ended midway through the second quarter as Warren was stuffed for no gain on a fourth-and-one from midfield turning the ball over to Denver on downs.

    The Broncos took advantage of the field position and three Xavien Howard penalties to extend their lead to 21-13 on a Nix to Adam Trautman two-yard touchdown.

    The Colts were able to put together a quick drive before the break using another explosive play to move downfield as Jones connected with Alec Pierce for 44 yards. Taylor caught a seven-yard touchdown two plays later to make the game 21-20 at halftime.

    Denver received the second half kickoff and marched right down the field with J.K. Dobbins scoring a five-yard touchdown.

    The Colts also scored on their first possession of the second half, setting for a Shrader 36-yard field goal. The Broncos led 28-23 after three quarters.

    In the fourth quarter, the Colts' offense hit yet another big play on a Taylor 68-yard run down to the Denver 20-yardline, but the drive stalled and Shrader kicked a 28-yard field goal to make it 28-26.

    Broncos kicker Will Lutz missed a 42-yard field goal with just over three minutes to play to set up the final sequence.

    The Colts will play their first road and divisional game of the season when they travel to Tennessee next week to face the Titans at 1:00 p.m. on CBS4.

    via: https://fox59.com/sports/colts/shraders-kick-propels-colts-to-29-28-win-and-2-0-start


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