State Supreme Court Won’t Hear Woody’s Murder Conviction Appeal
October 27, 2017 at 7:17 p.m.
By Michael [email protected]
Woody was convicted in October 2016, along with Kyle DeHart, of the 2015 murders of Tara Thornburg and Joshua Knisely.
Woody’s conviction was upheld by the Indiana Court of Appeals in July.
In an order signed Tuesday, Chief Justice Loretta Rush rejected Woody’s petition for the high court to hear his appeal.
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Police say that in February 2015, Woody,?DeHart and Thomas Hursey went to Thornburg’s house to steal marijuana.
Affer Thornburg became aware the men had no intention of paying for the drugs, an argument ensured and Woody shot Knisely and Thornburg.
Knisely was killed instantly and Thornburg died the next day in a hospital.
Woody and DeHart were sentenced to 120 years and 110 years in prison respectively.
Woody is being held in Miami Correctional Facility, Bunker Hill.
DeHart’s convictions also were upheld by the Court of Appeals and the Supreme Court declined to hear his appeal as well.
Hursey pleaded guilty to two counts of robbery in connection with the shooting and was sentenced to 20 years in prison.
On appeal, Woody sought to challenge the recording of a 911 call and police body camera footage where Thornburg identified Woody as her assailant.
Joe Sobek, Woody’s attorney, argued that it violated his client’s right to question all witnesses against him.
The court ruled that Thornburg’s statements were made while she was facing an emergency and therefore admissible in court.
“Her statements regarding the identity of the shooter were spontaneous and not prompted by the dispatcher,” Judge Robert Altice wrote in the decision.
The court also ruled that when police arrived, they had no idea where the shooter was and were trying to deal with an ongoing emergency.
Sobek also challenged the admission of rap songs performed by Woody and a rap performance by Woody involving a handgun.
The appellate court ruled the rap songs were incorrectly admitted, but it was a harmless error because there was enough other evidence to convict Woody.
Woody was convicted in October 2016, along with Kyle DeHart, of the 2015 murders of Tara Thornburg and Joshua Knisely.
Woody’s conviction was upheld by the Indiana Court of Appeals in July.
In an order signed Tuesday, Chief Justice Loretta Rush rejected Woody’s petition for the high court to hear his appeal.
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Police say that in February 2015, Woody,?DeHart and Thomas Hursey went to Thornburg’s house to steal marijuana.
Affer Thornburg became aware the men had no intention of paying for the drugs, an argument ensured and Woody shot Knisely and Thornburg.
Knisely was killed instantly and Thornburg died the next day in a hospital.
Woody and DeHart were sentenced to 120 years and 110 years in prison respectively.
Woody is being held in Miami Correctional Facility, Bunker Hill.
DeHart’s convictions also were upheld by the Court of Appeals and the Supreme Court declined to hear his appeal as well.
Hursey pleaded guilty to two counts of robbery in connection with the shooting and was sentenced to 20 years in prison.
On appeal, Woody sought to challenge the recording of a 911 call and police body camera footage where Thornburg identified Woody as her assailant.
Joe Sobek, Woody’s attorney, argued that it violated his client’s right to question all witnesses against him.
The court ruled that Thornburg’s statements were made while she was facing an emergency and therefore admissible in court.
“Her statements regarding the identity of the shooter were spontaneous and not prompted by the dispatcher,” Judge Robert Altice wrote in the decision.
The court also ruled that when police arrived, they had no idea where the shooter was and were trying to deal with an ongoing emergency.
Sobek also challenged the admission of rap songs performed by Woody and a rap performance by Woody involving a handgun.
The appellate court ruled the rap songs were incorrectly admitted, but it was a harmless error because there was enough other evidence to convict Woody.
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