Dennis Roark
Mass murderer- Gender
- male
- Country
- USA
- Location
- Lake County, Indiana, USA
- Date of birth
- April 12, 1963
- Age at first offence
- 26
- Characteristics
- parricide, arson, drug addict, history of mental illness
- Victim profile
- Mary Waggoner, 19 (live-in girlfriend); Dennis Waggoner, 20 months, and Elizabeth Waggoner. 4 months (children of Mary Waggoner and Roark); Betty Waggoner, 61 (mother of girlfriend)
- Method of murder
- St abbing with knife
- Date(s) of murder
- February 3, 1989
- Years active
- 1989
- Date of arrest
- —
- Status
-
Sentenced to death
Sentenced to death on October 17, 1989; conviction reversed 5-0 and death penalty vacated 5-0; direct appeal later affirmed 5-0 while the death penalty was vacated 3-2 and the case was remanded, after which the judge sentenced Dennis Roark to death (Murder) and 50 years (Voluntary Manslaughter) on 10-29-92.
Name
Dennis Roark
Background
Roark returned to the home after a night of drinking at 5:00 a.m. and told Mary that he would rather leave the home than be yelled at by her mother. Roark’s father was described as alcoholic who abused his mother. The mitigating circumstances included extreme mental and emotional disturbance, drug and alcohol abuse, and alcoholism, and Roark had no prior criminal record.
Roark was described as a model prisoner for 3 1/2 years awaiting trial. The murder weapon was introduced by the victim.
The offence
After Betty decided to leave with Roark and take the kids, Betty grabbed the 20 month old son and told them she would kill herself if they left. Betty then lunged at Roark with a knife. Roark wrestled the knife away and then proceeded to stab Betty, Mary, and the two children multiple times, and then fled. The house was later set on fire.
Roark was convicted of Murder (3 counts) and Voluntary Manslaughter (Betty).
Investigation
(insanity defense) was raised.
Trial
A PC Affidavit was filed (02-03-89). An Information/PC for Murder and DP was filed (02-07-89). A Gag Order was entered (02-09-89). Voir Dire occurred (09-25-89, 09-26-89). A Jury Trial occurred (09-26-89, 09-27-89, 09-28-89). A Verdict was returned (09-28-89). A DP Trial occurred (09-29-89), with a Verdict (09-29-89). A Court Sentencing occurred (10-17-89).
On remand, there was Voir Dire (08-17-92) and a Jury Trial (08-18-92, 08-19-92, 08-20-92, 08-21-92). A Verdict was returned (08-21-92). A DP Trial occurred (08-21-92) with a Verdict (08-21-92). A Court Sentencing occurred (10-29-92).
Roark received a death sentence for Murder and a 50 years term for Voluntary Manslaughter by Judge James L. Clement on 10-29-92, even though there was a jury recommendation against a Death Sentence.
Judge overrides jury recommendation against Death Sentence on Remand.
Sentencing
October 17, 1989 sentencing
Court Sentencing occurred on 10-17-89, with a Death Sentence.
Aggravating Circumstances included b(8) 4 murders and b(12) 2 victims less than 12 years of age.
October 29, 1992 sentencing
On remand, Court DP Sentencing occurred on 10-29-92. The judge sentenced Roark to death (Murder) and 50 years (Voluntary Manslaughter).
Appeals
Direct Appeal 1
Roark v. State, 573 N.E.2d 881 (Ind. June 21, 1991)
- Conviction Reversed 5-0
- DP Vacated 5-0
- Reason given: Should have instructed on Voluntary Manslaughter
Shepard Opinion: Debruler, Givan, Dickson, Krahulik concur.
Direct Appeal 2
Roark v. State, 644 N.E.2d 565 (Ind. December 19, 1994)
- Conviction Affirmed 5-0
- DP Vacated 3-2 Sullivan Opinion: Debruler, Dickson concur; Shepard, Givan dissent.
The judge findings overriding jury recommendation failed to meet Martinez test, and there was “impressive” testimony of a defense psychologist regarding defendant’s IQ of 72 and poor impulse control. The record mentions that a 50+50+50+50=200 year term of imprisonment was imposed by the Supreme Court.
Judge James L. Clement was identified as sentencing on 10-29-92.
Outcome
Despite a jury recommendation against a Death Sentence, he was sentenced to death (Murder) and 50 years (Voluntary Manslaughter) on 10-29-92.
Conviction and death penalty were reversed and vacated 5-0 after the first direct appeal, then the conviction was affirmed 5-0 in the second direct appeal while the death penalty was vacated 3-2.
Other details
Roark fled after stabbing Betty, Mary, and the two children multiple times.
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