Desmond Turner

Case record: Desmond Turner

Status

Desmond Turner received a life sentence without parole.

Background

Desmond Turner was accused of killing seven family members inside a home on the near east side of Indianapolis in June 2006. The Hamilton Avenue murders was the colloquial name for the mass murder of seven people in a house at 560 North Hamilton Avenue in Indianapolis, Indiana, on June 1, 2006.

Turner was described as about 5 feet 9 inches tall, about 150 pounds, with hazel eyes, a beard with long sideburns and gold teeth. Indianapolis Police Chief Michael Spears described Turner as "a very desperate person," and said, "Someone knows where this man is, and we want to know."

Police also described Turner as having an extensive criminal history, including convictions for firearm and drug offenses, as well as resisting law enforcement. The reporting stated that he served about two years in prison for a 1997 conviction and two more for a 2001 conviction. Authorities believed Turner was still in the area and were hoping he was "probably lying low right now."

The reporting also stated that Turner had finished a four-year stint in prison only weeks before the killings. The reporting said Turner had returned last fall after being released from prison following a 3½-year term for drug and weapons charges. The reporting stated Turner was believed to have grown up in the same neighborhood where the killings took place.

The offence

Authorities believed the home invasion was targeted for robbery. Sgt. Matthew Mount said: "He'd gone there to rob the home and decided while he was there to execute everybody at the same time, unfortunately." Deputy Police Chief Tim Foley said, "Anyone who has killed seven human beings, I consider dangerous."

The reporting described the victims as all Hispanic, with four adults and three children. The victims were found shot to death in the same bed for the children. Deputy Police Chief Tim Foley said, "It was a home invasion ... everyone in the residence was dead," and displayed pictures of some of the victims.

The reporting said that Indianapolis police responded to a 911 call just after 10:00 p.m. and found seven dead victims on the main floor, including three children aged 11 and under. The reporting stated that witnesses said that two suspects were seen entering the house shortly before the murders were believed to have taken place, and that the two suspects were seen leaving through the front door moments later. Police identified the suspects as James Stewart and Desmond Turner.

The reporting described the gunman or gunmen as having entered the home from the front and left the same way. The reporting stated police did not think the suspects were injured. The victims were from Mexico but were believed to have been in the United States for at least 10 years.

A police news release account of the night’s events included the following:

• Flora Albarran had been running errands with a friend before stopping at the house to pick up her son, Luis, about 10 p.m. The boy had spent the evening with his grandmother, Emma Valdez, and other relatives.
• When Albarran walked into the home, her friend, who was waiting in the car, saw a light come on and heard Albarran shout: "Don't do that! My child!"
• She yelled to her friend not to come in the house. That's when the friend heard gunshots inside and Albarran screaming.
• A man holding a long gun stepped on the porch, and the shootings continued inside, the friend told police.

Police spokesman Sgt. Steve Staletovich said officers on the scene "found a young woman crying that her mother had been shot."

The reporting also stated that the adult victims were Emma Valdez (46), her husband Alberto Covarrubias (56), Valdez's daughter Flora Albarran (22), and Flora's husband Magno Albarran (29). The children were Luis Albarran (5), Alberto Covarrubias (11), and David Covarrubias (8 or 9) or David Covarrubias (8). The record also states that Luis was 5 and the other sons were 11 and 8.

The record stated that the children were found shot to death in the same bed, and that police did not know if the children were sleeping there or hiding. It also stated shell casings were found at the scene.

A reporting account stated: "The home was not a 'trouble spot,' Foley said. Police had only been called there once in recent history, on an alarm check. He said police do not think the killings were gang-related." It also stated that neighbors said the area had declined in recent years and that drug crimes and muggings had become common.

Investigation

Prosecutors built their case on witness accounts and other circumstantial evidence. They lacked a murder weapon or any physical evidence tying Turner directly to the scene. Prosecutors argued that Turner went the Hamilton Avenue home in June 2006 to rob the family of seven and ended up killing them when one of them confronted him with a gun.

The record also stated that witnesses saw as many as three or four men running from the back of the home.

The reporting said investigators put pressure on people who knew Turner to ensure that they wouldn't take him in.

Arrest / surrender

Turner surrendered to police on June 3, 2006. The record stated he turned himself in without incident at a Hardee's restaurant on Indianapolis's east side. It stated that a few members of Desmond Turner's family accompanied him as he met authorities at a downtown fast-food restaurant around 7 p.m.

Deputy Chief Tim Foley said: "He couldn't look at anybody," and "He had his head down. He was sullen." Foley also said, "He turned himself in because he had no place to go," and said, "He didn't turn himself in out of remorse."

Police surrounded a house where they suspected Turner was holed up on June 3, 2006. SWAT teams cleared the house without finding anyone.

The record also stated that Stewart was caught the following day and arrested without incident, and that on Friday police arrested the second suspected triggerman, 30-year-old James Stewart, after a traffic stop. Stewart was being held Saturday on a preliminary charge of murder.

Trial

Turner opted for a bench trial in exchange for prosecutors dropping the death penalty.

Superior Court Judge Robert Altice convicted Turner, 31, on 23 counts stemming from the June 1, 2006 deaths.

Altice said Thursday after finding Turner guilty that the state proved its case against the murder suspect.

Turner was convicted of 7 counts of felony murder, 7 counts of criminal confinement, burglary, and robbery. The record also described prosecutors arguing robbery was the motive and that the killings occurred during the incident.

Sentencing

Superior Court Judge Robert Altice handed down the sentence on Friday morning in a courtroom where Turner's family cried when he was sentenced.

The record stated:

• Turner received a life sentence without parole on October 20, 2009.
• Turner was sentenced to life imprisonment without parole plus 88 years on November 20, 2009.

Marion County Prosecutor Carl Brizzi said he did not have the evidence needed to meet the high standard of proof required for a capital conviction. Brizzi said, "In fact, when the judge formally sentences him, he'll go through his appelate rights. But I gotta tell you, and you guys sat in the courtroom the entire trial, this was a very clean trial." The record also stated: "We said it three and a half years ago. We'll say it again today. But I can tell you with 100 percent certainty that if we were going for the death penalty in this case we would not get it."

Turner's attorney, Brent Westerfield, said: "Our client is innocent," and "He did not commit these crimes. He did not kill the people at 560 North Hamilton."

A relative of the victims, Maria Flores, said: "This is great news," and "We were able to sleep better last night. A lot of weight off of our shoulders. And now we can be more happy." She also said, "I'm sure there will be an appeal," was attributed to Brizzi, while Westerfield said his client plans to appeal, saying: "Our client is innocent," and "He did not commit these crimes. He did not kill the people at 560 North Hamilton." The record also included:

• Maria Flores said: "Even though he's found guilty, me personally, I'll pray for him," and she said: "He chose to do what he did, but I'm not like him."
• She said: "I feel bad for his mom. I know she lost a son too."
• Maria Flores said: "We don't agree with the death penalty because we don't have the right to take a life. And we're not like him. Most definitely....Killing him won't bring our family back, okay? It just won't. It won't ease the pain."

Appeals / post-trial developments

Turner's attorney said Turner's client planned to appeal. It was also stated that both men have promised to appeal.

The record stated that Turner's codefendant James Stewart goes on trial in December.

Outcome (related proceedings)

Turner's codefendant James Stewart was described as having been convicted and sentenced. The record stated that Stewart was convicted of 7 counts of felony murder, 6 counts of criminal confinement, robbery, burglary, carrying a handgun without a license, and found him to be a habitual offender. Stewart was sentenced to 425 years in prison on January 6, 2010.

Aftermath

The record stated that the house on 560 North Hamilton Avenue was set on fire 2 years later in an arson attack on August 23, 2008. It also stated that on March 31, 2010 Indianapolis announced that the home on Hamilton Avenue would be demolished in the next 60 days. As promised, the house was demolished the morning of July 16, 2010.

A memorial service was scheduled to be held in front of the family's home Sunday evening, and mourners laid flowers and handmade memorials along the fence of the modest home.

The record included a note read: "God shall bring justice to them, celebrate the way they lived, not the way they left us," and "A good family is gone, but not forgotten. Shall they all rest in peace."

Adults and children streamed through Thomas D. Gregg Elementary to speak with grief counselors. Principal Les Durbin told The Indianapolis Star: "The boys were very respectful of the school, good students and well-behaved," and "They were very well-respected by their classmates and their parents were very involved in their educations."

Other details

The record said that witnesses said Flora Albarran arrived with a friend to pick up her son around 10:00 p.m., and that her cousin Magno also arrived about the same time. Both noticed that the house lights were out, which they knew was odd.

The record also stated that both suspects maintain their innocence, and that Stewart's girlfriend claimed that he had admitted his role in the shootings.