[Download] "Joseph H. Didio v. State Indiana" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Joseph H. Didio v. State Indiana
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The facts adduced during trial show that in the early morning of April 19, 1981, the body of a man was found on Valentine Road in Allen County approximately 1/4 mile from U.S. Highway 33. Investigation revealed the man died from four gunshot wounds to the head and chest and there was powder residue on the clothing. This indicated that the weapon used was fired from a distance of three feet or less and the blood spatter marks indicated that the gun was a high velocity weapon. The victim was determined to be Thaddeus Seffernick whose blood alcohol level was determined to be 43%. Officers checked for vehicles in surrounding areas and found a van registered to the victim by the "Gibson Girl", a night club with go-go dancers. The "Gibson Girl" was 6 1/4 miles from the place where the body was found. Further investigation revealed that Defendant had worked as the bartender at the "Gibson Girl" during the evening of April 18. Windy Day was a dancer there and was the former wife of decedent Seffernick. Seffernick had custody of the two children of the marriage and was putting pressure on Day to contribute to their support. Day was at that time Defendants girlfriend and statements were heard by certain witnesses indicating that Defendant was going to take care of Seffernick to relieve the pressure he was putting on Day for child support. Witness Ron Rupel was a regular customer at the "Gibson Girl" and said he was there most Saturday nights. On this particular Saturday night, that of April 18 and 19, he was there from 10:30 p.m. to 3:15 a.m. and heard Defendant and Day talk about finding a key to the office into which they finally gained entry. Day left the office with a roll of silver duct tape that she put by the cash register. About a half-hour later, Rupel noticed that Defendant was gone and did not see him return until about an hour and one-half later. Steve Freck testified that he was Defendants friend and assisted him in getting rid of the victim. His testimony resulted from a plea agreement with the State. He specifically testified that at one time, he dated Defendants former wife and that he was willing to get rid of a person for money. Freck had met Defendant about a year and one-half prior to this incident. At the time of this offense, Defendant and Day were either dating steadily or living together and Defendant was aware the decedent was putting pressure on Day. Freck cut the tires of Seffernicks van on the evening of April 18 and went back into the bar about 1:00 a.m. on April 19 to find the decedent staggering drunk. Freck was given a roll of furnace tape by Defendant and followed the decedent out of the bar. While the decedent was looking at the flat tires on his van, Freck hit him in the face. He then jumped on decedent and hit him a couple of times more. During the fracas, Freck injured his hand. Freck taped the decedents hands, put him in the rear seat of Frecks automobile and taped his feet and mouth. Freck and Defendant then took the decedent out to the point where the body was found and removed him from the car and removed some of the tape. Defendant thereupon took Frecks .357 Magnum pistol and shot the decedent four times before leaving the scene. After returning to his house, Freck took off his clothes and placed them in a bag which he gave to another man who later burned them. Freck threw the gun in a creek and burned his automobile because there were blood spots on the upholstery. Leryl House testified that he filled in for Defendant as bartender for about an hour and one-half while Defendant was gone. He saw Day and Rupel lay a roll of furnace tape behind the bar before Defendant left.