John Dell Carr

Case identity

John Dell Carr

Status and procedural posture

Carr was convicted of the murder of Shirley Sturgill and sentenced to sixty years imprisonment. On direct appeal, the Indiana Supreme Court affirmed the judgment of the trial court.

Timeline

• October 6, 1990 — Firefighters were dispatched to the apartment of Shirley Sturgill in the late evening hours; finding the door locked, they forced entry and extinguished a fire in Sturgill’s bedroom.
• October 8, 1990 — An autopsy was performed on the morning of October 8.
• 1990 — The investigation focused on Orville Jack Dobkins, who lived in an adjacent apartment and had visited Sturgill at approximately 9:00 p.m. on the evening of the murder.
• December 18, 1990 — Dr. Donnell Marlin issued a report concluding that “within the bounds of a reasonable medical certainty, the teeth of Jack Dobkins match the various bite marks on the body of Shirley Sturgill.”
• May 15, 1991 — Dr. Mark Bernstein examined Dr. Marlin’s work; he concluded that the comparisons “good supporting evidence to implicate Mr. Dobkins but could not alone prove, to a degree of reasonable medical certainty, that Dobkins made the bites.”
• May 16, 1991 — The State dismissed the charges against Dobkins.
• August 3, 1994 — Angie told Detective Bill Dwenger that Carr left their family’s trailer at about noon on October 6, 1990, and did not return until late that night.
• 1993 — Police submitted cigarette butts found in Sturgill’s apartment to the FBI for DNA analysis.
• 1995 — A report comparing DNA from saliva on one butt to Carr’s concluded that the two matched at five loci; the probability for two unrelated Caucasians with this correlation was 1 in 4,500.
• February 16, 1996 — A Shelby County Grand Jury indicted Carr for the murder of Sturgill and the arson of her apartment.
• April 1997 — After a ten-day trial, a jury convicted Carr of murder.
• 1992 — Carr was sentenced to 80 years in prison on May 29, 1992.
• 1997 — Carr was sentenced to 60 years in prison in 1997.
• April 18, 2000 — The Indiana Supreme Court issued its decision (Cause No. 73S00-9709-CR-487; BOEHM, Justice).

The offence

Carr was convicted of the murder of Shirley Sturgill. The indictment also included arson, but the State later dismissed the arson count.

Victim and injuries/findings

Firefighters found Sturgill’s body naked on the bed. Both of her nipples had been bitten off, and a toilet bowl brush protruded from her vagina. The cause of death was ruled manual strangulation. The pathologist observed bite marks on Sturgill’s right and left thigh.

Bite marks evidence

Dr. Donnell Marlin, a forensic odontologist, examined, photographed, and made models of the bite marks.

Investigation

The investigation initially focused on Orville Jack Dobkins, who lived in an adjacent apartment and had visited Sturgill at approximately 9:00 p.m. on the evening of the murder. On October 24, Dobkins was arrested and charged with Sturgill’s murder, and the State filed a request for the death penalty.

Dobkins provided dental impressions which were compared to the bite marks on Sturgill’s body.

Dental comparison reports

Dr. Donnell Marlin issued a report on December 18, 1990, concluding:

“within the bounds of a reasonable medical certainty, the teeth of Jack Dobkins match the various bite marks on the body of Shirley Sturgill.”

On May 15, 1991, Dr. Mark Bernstein examined Dr. Marlin’s work and concluded:

“good supporting evidence to implicate Mr. Dobkins but could not alone prove, to a degree of reasonable medical certainty, that Dobkins made the bites.”

The State dismissed the charges against Dobkins on May 16, 1991.

DNA evidence from cigarette butts

In 1993, police submitted cigarette butts found in Sturgill’s apartment to the FBI for DNA analysis. A 1995 report comparing DNA from saliva on one butt to Carr’s concluded that the two matched at five loci. The probability of two unrelated Caucasians with this correlation was 1 in 4,500.

Arrest / charging

On February 16, 1996, a Shelby County Grand Jury indicted Carr for the murder of Sturgill and the arson of her apartment. The State later dismissed the arson count.

Trial

Carr’s trial lasted ten days in April 1997. A jury convicted Carr of murder.

Sentencing

Carr received sentencing on two counts as reflected in the status field:

• He was sentenced to 80 years in prison on May 29, 1992.
• He was sentenced to 60 years in prison in 1997.

Direct appeal

In his direct appeal, Carr contended:

1. His right to be free from unreasonable searches and seizures was violated when he was anesthetized for the taking of dental impressions.
2. The trial court abused its discretion in denying his Motion for Change of Venue.
3. There was insufficient evidence to support his conviction and rebut his alibi defense.
4. The trial court committed fundamental error in instructing the jury on circumstantial evidence.
5. He was entitled to a new trial because of jury misconduct.
6. His trial counsel rendered ineffective assistance.

The Indiana Supreme Court affirmed the judgment of the trial court.

Other details

Domestic context and threat testimony

At the time of Sturgill’s death, her daughter Angie Carr was married to Carr. Angie and Carr later divorced.

On August 3, 1994, Angie told Detective Bill Dwenger that Carr left their family’s trailer at about noon on October 6, 1990, and did not return until late that night. Angie stated that when Carr returned, Carr took off his clothes, put them in the washing machine, and showered. Angie stated that Carr and Angie went to bed about forty-five minutes later. Angie stated that after lying in bed for a few minutes, Carr rose, walked to a gun cabinet, took out a rifle, and pointed it at Angie’s head. Angie stated that Carr told her that he had “hurt” or “took care of” her mother. Angie stated that Carr said he would kill her and their daughters if she ever said anything. Angie stated that Carr then grabbed her by her hair, walked her to their daughters’ bedroom, pointed the gun at the girls, and reiterated that he meant what he had said.

Motivation description appearing with the record

The record included: “Killed mother-in-law and a female acquaintance.”

Status field phrasing on counts

The record’s disposition text included “80 years on one count, 1992; 60 years concurrent on second count, 1997.”