Greensburg Daily News, Greensburg, IN

News

July 28, 2010

Plethora Of Evidence, Testimony Marks First Day Of Murder Trial

Greensburg — An orange and black backpack, empty beer cans, a bloody shirt with a bullet hole in the collar, a gun found near a creek with a shell casing still lodged in the chamber, and a man lying face down, in a pool of blood, dead were the state's pieces to the puzzle in the first day of the murder trial of James Dennis Imel, Jr.

In the first full day of the trial, the state produced a litany of evidence and testimony meant to prove that Imel, Jr., killed his father, James Dennis Imel, Sr., on the night of Jan. 3.

Greensburg Police Det. Bill Meyerrose was the first to testify in the day, informing the jury of the processes and information gathered in the hours after the shooting death of Imel, Sr. The jury also viewed the taped interview from Jan. 4 between Meyerrose and Imel, Jr., where the defendant seemingly contradicts himself regarding his account of the struggle that ensued between he and his father just before the fatal shot was fired.

Deputy Prosecutor James Rosenberry then called Indiana State Police Sgt. Steve Weigel, a field evidence technician responsible for collecting the evidence for the case. Weigel showed the video shot at the crime scene that shows beer cans throughout the home at 607 Ninth St. and signs of disarray from what the state says was due to an altercation between father and son minutes before the shooting. Weigel offered an account of finding the weapon, which Imel, Jr., led them to, and produced the backpack and Imel, Sr.'s bloody clothes with a bullet hole in the left collar. He also identified the bullet forensic pathologist Dr. John Cavanaugh removed from the spinal column of the victim.

In cross examination defense attorney Christopher Tebbe tried to establish the level of intoxication of the people involved that night through Weigel's evidence and observation. Weigel affirmed there was a plethora of empty beer cans around the house and in the trash, but how long they had been there, he couldn't say. Tebbe also questioned Weigel on the state of disarray, indicating a previous altercation, and Weigel noted items had been overturned.

Cavanaugh testified next, identifying Imel, Sr.'s cause of death as a bullet wound to the left side of the neck. Defense attorney Frank Hamilton had Cavanaugh confirm the bullet hole was consistent to those on the clothes. Hamilton pondered how close the gun had to be to Imel, Sr.'s neck to enter through clothes, the neck, through the spinal cord, bounce off the base of the skull and come to rest in the spinal column. Cavanaugh estimated the distance at about one inch.

Rosenberry then called Greensburg Police dispatcher Erica Dobb, who took the 911 call on Jan 3 to affirm the followig recording was authentic, which was then played for the jury. On the recording, Boin "Wayne" Cain, the home owner, can be heard weeping as he struggles to find words to summon the police. An exchange between himself and a second man, later identified as the defendant, in the background could be discerned through Cain's highly emotional state. Cain can be heard saying "Dennis, he did it. He shot him,Ó" while Imel, Jr. implores Cain, "Let's go," before adding "I didn't f-----g do it, man."

Cain then testified before the jury. Visibly and admittedly nervous, Cain tried to recall the timeline of events that unfolded that night as he Imel, Jr., Imel, Sr., and Robert Imel played cards. Cain admitted to Hamilton to drinking about 16 beers between 2 p.m. and the alleged murder at 8:05 p.m. He noted he was intoxicated as were both father and son. Robert Imel, however, as he would testify later, does not drink alcohol and was sober during the card game.

Cain noted an altercation broke out between father and son as the four played euchre. It eventually escalated and Imel, Sr., knocked Imel, Jr., he said, out of his chair and onto the floor. Cain noted the two toppled over a makeshift bar, knocking it over, however, Robert Imel would later testify Imel, Sr., pushed it over intentionally because "he was mad."

After the altercation, Cain said Imel, Sr., went outside and Imel Jr., went to the front of the house. When both returned, they met in the doorway between the kitchen and living room. Cain said Imel, Sr., had his back to him and he saw the two had their hands - Imel, Sr.'s left and Imel, Jr.'s right - up at shoulder height, then they plunged toward the chest and neck area.

"That's when the gun went off," he said.

Hamilton questioned Cain about the moment the gun fired, and Cain admitted he never saw the gun nor who pulled the trigger.

Robert Imel followed with a slightly different perspective of the events. He told Rosenberry the four played cards for a "couple hours" during which time father and son argued.

"It seemed they kept at it, rattled on and rattled on. I can do this and you can't do that," Robert Imel said.

He noted the relationship between the two was often like that depending on the day and the amount of alcohol they had consumed.

ÒHalf time they were joking, cutting up, half time they wasn't," he said.

After the altercation where Imel, Sr. pushed Imel, Jr. out of his chair onto the floor, the group separated. Imel, Sr. went outside. Robert Imel followed the son into his bedroom. When he walked in, he saw Imel, Jr. take the gun from the backpack. Robert Imel said the defendant told him he would "shoot" his father while holding the gun in his hand. Robert Imel noted he tried to calm the young man.

"I put my arm around (Imel, Jr.) and said don't worry. We love you," he said.

Robert Imel told Hamilton he felt Imel, Jr., was calm when he left. On his way out, he said he pushed Imel, Sr. who he felt was attempting to go to the bedroom where the younger man was.

"I told him to leave him alone," Robert Imel testified.

Robert Imel said he left the house before the fatal shot.

The state will call one more witness this morning before resting. The defense is expected to call Imel, Jr. to the stand shortly after.

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