Richard D. Moore

Parties and identification

Richard D. Moore.

Background

Moore went to the home of her parents on 36th Street in Indianapolis and talked to Rhonda in the carport for awhile.

The offence

Moore was armed with a shotgun.

While Rhonda began to cry and headed back into the house, she shouted at her parents to "get inside, lock the doors, Richard's got a gun."

When it was all over, Moore shot John Caldwell to death in the living room, shot Rhonda to death in the kitchen, and seriously injured Ruth Caldwell with shots to her right arm and buttocks.

A responding Indianapolis Police Officer in full uniform, Gerald Griffin, was dead just outside, Moore having shot him with the shotgun through the front doorway.

Another officer, Cicero Mukes, was also in full uniform and shot while getting out of his marked patrol car.

Investigation and arrest

Trial

Plea and charges

Conviction: Pled Guilty to Murder (3 counts) with no Plea Agreement.

The State dismissed Attempted Murder (A Felony) (3 counts) and Confinement (B Felony) (3 counts) upon the Court's acceptance of the guilty pleas.

Sentencing

Initial sentencing

Sentencing: October 24, 1980 (Death Sentence)

Aggravating Circumstances: b(6) Law enforcement victim; b(8) 3 murders

Mitigating Circumstances: improvements made in his life as he overcame alcoholism, religious activities while in jail, opinion evidence that he is not likely to repeat crimes, extreme emotional disturbance, good works, no significant prior criminal record

On remand and resentencing

On Remand: Venued to Boone County by agreement.

Following a new Sentencing Hearing, Special Judge James Detamore sentenced Moore to death on 01-13-00.

Appeals

Direct Appeal: Moore v. State , 771 N.E.2d 46 (Ind. June 26, 2002)

Conviction Affirmed 5-0; DP Affirmed 5-0

Dickson Opinion; Shepard, Boehm, Sullivan, Rucker concur.

Moore v. Indiana , 123 S.Ct. 1931 (May 5, 2003) (Cert. denied).

Habeas

Notice of Intent to File Petition for Writ of Habeas Corpus filed: 06-04-03.

Petition for Writ of Habeas Corpus filed: 03-29-04 in U.S. District Court, Southern District of Indiana.

Case caption: Richard Moore v. Daniel McBride, Superintendent (1:03-CV-00828-LJM-WTL)

Judge: Larry J. McKinney

For Defendant: Alan M. Freedman, Chicago, IL, Laurence E. Komp, Ballwin, MO

For State: Stephen R. Creason, Scott Alan Kreider, Deputy Attorneys General (S. Carter)

HABEAS PETITION PENDING IN U.S. DISTRICT COURT, SOUTHERN DISTRICT OF INDIANA, JUDGE LARRY J. MCKINNEY.

Fully briefed since 10-28-04.

Outcome

Moore was sentenced to death and the conviction and death penalty were affirmed on direct appeal.

Other details

Victims named in the events included John Caldwell, Rhonda, Ruth Caldwell, and law enforcement victim Gerald Griffin; officer Cicero Mukes was also shot while getting out of his marked patrol car.