Gregory Van Cleave
Murderer- Gender
- male
- Country
- USA
- Location
- Marion County, Indiana, USA
- Date of birth
- J une 1, 1962
- Age at first offence
- 20
- Characteristics
- robbery, alcohol, drugs
- Victim profile
- Robert Falkner, 41
- Method of murder
- Shooting (shotgun)
- Date(s) of murder
- October 19, 1982
- Years active
- 1982
- Date of arrest
- —
- Status
-
Sentenced to death
Sentenced to death May 27, 1983; death sentence removed from consideration and resentenced on 06-05-98 to 60 years imprisonment
Case record: Gregory Van Cleave
Background
Gregory Van Cleave was 20 years old at the time of the murder. He had a bad home life. He had a failed stint in the Army with an Honorable Discharge, and after the Army he could not find a job. The court considered intoxication as a mitigating circumstance.
The offence
Gregory Van Cleave, along with Brazleton, Coleman and Sims, was driving around getting high with liquor and marijuana looking for someone to rob. They came upon Falkner.
Sims and Van Cleave got out, with Van Cleave carrying a shotgun. Van Cleave confronted Falkner and a neighbor overheard Falkner say: "What do you mean, 'shut up.'"
Van Cleave shot Falkner in the chest with a shotgun. Van Cleave fled after the shooting.
Investigation
Ballistics experts confirmed that the shot was fired from a distance from 6-8 feet.
Arrest
Gregory Van Cleave admitted shooting Falkner, but claimed that "the gun just went off," and that the shooting was accidental.
Trial
Gregory Van Cleave pled guilty to Felony-Murder. Conspiracy to Commit Robbery was dismissed as part of the plea agreement. The agreement allowed both sides to present evidence and arguments on a death sentence and intent, but commanded 60 years imprisonment if a death sentence was not imposed.
Brazleton and Coleman testified after reaching plea agreements with the State.
Sentencing
Gregory Van Cleave was sentenced on May 27, 1983 to death.
The aggravating circumstance was: b (1) Robbery.
The mitigating circumstances included: 20 years old at the time of murder, intoxication, bad home life, failed stint in the Army-Honorable Discharge, and could not find a job after Army.
Special Judge Thomas Gray denied PCR relief.
Following a new sentencing hearing, Special Judge Thomas Gray ruled that the State had not satisfied the burden of proof and a death sentence was removed form consideration.
On 06-05-98 Van Cleave was resentenced to 60 years imprisonment.
Appeals
Outcome
Gregory Van Cleave’s felony-murder conviction remained in place with sentencing outcome changing from a death sentence to 60 years imprisonment after the death sentence was removed from consideration and a new sentencing hearing was held.
Aftermath
Gregory Van Cleave home last updates contact
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