Jurors Hear From Helmans On Day 2 Of Civil Trial
July 16, 2020 at 2:20 a.m.
Jurors Hear From Helmans On Day 2 Of Civil Trial
By Amanda [email protected]
The four-day civil jury trial in Kosciusko Circuit Court continued Wednesday to settle a lawsuit between the Helmans versus Barnett’s Bail Bonds Inc.; Tadd. S Martin, Daniel S. Foster and Michael C. Thomas, who were bounty hunters for Barnett’s; and Lexington National Insurance Corporation, the surety bond company.
On Aug. 25, 2014, the bounty hunters went to serve a warrant and bring Gary Helman into custody. Gary was living at 9174 Doswell Blvd., Cromwell, with his mother, Atta, and twin brother, Larry, at the time of the incident. A shootout ensued during the warrant service, leaving Gary dead in the back bedroom, Larry seriously injured on the back porch from being shot twice by Martin and Martin also seriously injured on the back porch from being shot five times by Gary.
The Helmans allege that the defendants are guilty of actions including negligence, battery, trespassing, residential entry and intimidation. They also say Gary did not live at the address, but was merely staying in a bedroom there since divorcing in 2003, meaning it was against Indiana law for bail bondsmen to enter the home owned by Atta.
Defense counsel all say Gary’s address was listed as the Cromwell residence on all paperwork, including bond paperwork, his driver’s license and legal documents.
The Helmans are represented by Bradley Colborn and Michael Misch, of Anderson Agostino & Keller, South Bend. Barnett’s Bail Bonds Inc. is represented by local attorney Jay Rigdon. Lexington National Insurance Corporation is represented by Angela Hall and Jason Rauch, of Faegre Drinker Biddle & Reath LLP, Indianapolis; and Martin and Foster are representing themselves.
At the time of the Aug. 25, 2014, incident, Gary had active warrants for failing to appear at two court dates stemming from felony battery to a police officer charges and resisting law enforcement. Atta had bailed Gary out of jail using Barnett’s and posting a $2,500 surety bond. When Gary skipped his court dates, Barnett’s made phone calls to members of Gary’s family and sent Atta a letter notifying her that if Gary doesn’t show up to court that she could be on the hook for the $25,000 bail.
Rigdon and Hall both said that instead of telling Gary to turn himself in, Atta wrote back to Barnett’s and said Barnett’s Bail Bond employees assaulted her and Larry with weapons and that Barnett’s owed them $5,000.
Colborn called former Kosciusko County Sheriff’s Office Det. John Ayres as the first witness Wednesday and heard testimony from Ayres that during his 17 years in law enforcement, Ayres knew Gary as “an unpredictable person when it came to dealing with law enforcement.”
“One time the SWAT Team was used to serve a warrant to Gary in 2013,” Ayres said, citing it was for the protection of everyone involved and that nobody got hurt during that apprehension and Gary was taken into custody successfully.
Ayres conducted interviews with Martin, Foster and Thomas after the incident and footage from a GoPro camera worn by Foster was shown to the jury. Several gunshots could be heard on the video and eventually Foster was seen dragging Martin, who was bleeding severely, off of the back porch to hide between two vehicles while police and medics were called.
Authorities said Martin was wearing a GoPro camera on his vest at the time of the incident, however, they believe Martin thought he was turning the camera on, but instead was actually turning it off, so there is no footage to be shown from Martin’s perspective.
Next, jurors heard a 70-minute audio recording between Gary and Stacey Staley, who was a reporter for The Papers Inc. at the time, and who had been working with Barnett’s and Martin as an informant to help with the seizure of Gary. According to court documents, Staley set up a fake interview with Gary at the home and all the while was texting Martin about who was inside, what the layout of the home was and what individuals were wearing.
Staley and The Papers Inc. were originally part of the lawsuit, however, Kosciusko Circuit Court Judge Mike Reed dismissed them as defendants in December 2016, citing there was no relief that could be granted by the two defendants. Staley is expected to give testimony today as a witness for Lexington.
In the taped interview, Gary tells Staley about his multiple lawsuits he’s brought against the sheriff’s department, a Whitley County judge and Indiana State Police.
“I sue judges, I sue prosecutors and I sue cops,” Gary said. “I’m tired of getting shot. I’m tired of them coming out here and harassing me.”
Staley promised she would write a series of articles about Gary’s story and immediately after she left the home, the bounty hunters attempted to apprehend Gary.
Jurors saw photos of the outside of the home, along with inside that included large amounts of blood spatter all along the hallway walls and a blood trail from the back porch door to the back bedroom, where jurors were shown a dead Gary Helman lying on the floor. Jurors were also shown a photo of a pile of guns that were located in the property’s shed, along with contents from inside the van of the bounty hunters that included “The Complete Idiot’s Guide To Private Investigating.”
Martin says as he was on the back porch, Gary shot him twice, leaving Martin injured and bleeding on the porch. He then contends that Larry was approaching him and would not stop per Martin’s commands, so Martin shot Larry twice. Then Gary appeared at the back door and he and Martin exchanged gunfire. Martin was hit three more times for a total of five bullet wounds, and Gary was killed.
Ayres testified Wednesday that by listening to the audio of the GoPro camera footage, and by his training in law enforcement and weapons, he believes Martin’s account of the day is true.
Ayres said that he believes all of Gary’s shots came from inside of the home and all of Martin’s came from outside. And, given the circumstances, Ayres said, he believes it was reasonable for Martin to shoot Gary.
Upon searching the home after the incident, police located a shotgun right outside of Atta’s bedroom closet, along with a shotgun in Gary’s bedroom. The revolver Gary used in the shootout was located underneath a kitchen stool.
Larry told jurors that he had only recently moved in to his mother’s home on Aug. 4, 2014, after separating from his wife. He said he worked 11 hours a day at R.R. Donnelley’s and wasn’t home much, but when he had a day off he would spend time with his twin brother, if he was around.
Larry said Gary’s trouble with the law began in 2003 when Gary got a divorce and wasn’t allowed to see his three daughters and that Gary felt he wasn’t being treated fairly by the justice system.
“He always told me, get ‘em with a pen. Sue ‘em. Revenge to Gary was in the courtroom, not the backyard,” Larry said through tears. “The last thing we’re gonna do is assault an officer. We weren’t raised that way.”
On Tuesday, jurors heard that there were two propane gas tanks placed in the home and that Atta had stated if anyone tried to come and get her boys that she would shoot the tank and “blow them out.”
Larry said his mother has never even picked up a shotgun, let alone would an 80-year-old lady blow up her retirement home and her two sons.
“I don’t think so,” he said.
Larry said he generally stayed out of his brother’s affairs but knew that his brother had pending lawsuits against authorities and that Gary was speaking with a local reporter. Larry believes the reason Gary shot Martin was because Gary saw Martin shoot Larry.
“I’ll bet that’s why he got a gun,” Larry said.
Rigdon said if Gary would have turned himself in, no one would have ever showed up at the house that day.
The last witness for the day was Atta, who said she is 80 years old and works behind a deli counter slicing meat. She also believes Gary’s trouble with the law stems from his 2003 divorce and custody battle.
“He wasn’t anti-government, but he didn’t trust them all either,” she said. “He would file petitions or whatever he needed to do to respond to his ex-wife so he could see his girls.”?
Atta then testified that she never read any of the bond paperwork she signed and claimed ignorance to what posting a bond even means – even though she’d bonded Gary out of jail twice before. As far as the shotgun found in her bedroom, she says she didn’t know it was there because she doesn’t sleep in that room nor does she get her work clothes from that closet. The propane tanks and her threat to blow the place up? The gas is used for space heaters and she’d never blow anything up, she said, it was all in jest.
She said Gary was so happy that Staley had come to interview him that day, telling her, “I’m so happy, I’m finally going to get my story told.”
Then, she said, everything happened so fast when the bounty hunters arrived and “it seems like a nightmare.” She also said Larry didn’t get to attend Gary’s funeral because he was recovering from his injuries.
More questioning by defense counsels revolved around the issue of Gary’s address and Atta’s understanding or lack thereof of the bond paperwork.
Foster cross-examined Atta and asked her two questions: 1. Have I ever laid hands on you or injured you in any way??Atta said, “No.” 2. Have you ever witnessed me entering your home? Atta said she couldn’t be sure but it was concluded that “No.” Foster replied, “You’re suing me for going into your home. No further questions.”
Colborn asked Atta if she ever got a letter from Barnett’s or Lexington that stated armed men would come in and take Gary dead or alive? She said she didn’t.
Colborn will call two police officers as witnesses this morning. The trial is operating in two phases. Phase I will be for jurors to decide if any of the defendants are liable for the actions and harm caused that day. If any or all of them are found to be liable, then Phase II will commence. Phase II will determine the amount of damages the Helmans will be awarded. Phase I is anticipated to conclude today.
The four-day civil jury trial in Kosciusko Circuit Court continued Wednesday to settle a lawsuit between the Helmans versus Barnett’s Bail Bonds Inc.; Tadd. S Martin, Daniel S. Foster and Michael C. Thomas, who were bounty hunters for Barnett’s; and Lexington National Insurance Corporation, the surety bond company.
On Aug. 25, 2014, the bounty hunters went to serve a warrant and bring Gary Helman into custody. Gary was living at 9174 Doswell Blvd., Cromwell, with his mother, Atta, and twin brother, Larry, at the time of the incident. A shootout ensued during the warrant service, leaving Gary dead in the back bedroom, Larry seriously injured on the back porch from being shot twice by Martin and Martin also seriously injured on the back porch from being shot five times by Gary.
The Helmans allege that the defendants are guilty of actions including negligence, battery, trespassing, residential entry and intimidation. They also say Gary did not live at the address, but was merely staying in a bedroom there since divorcing in 2003, meaning it was against Indiana law for bail bondsmen to enter the home owned by Atta.
Defense counsel all say Gary’s address was listed as the Cromwell residence on all paperwork, including bond paperwork, his driver’s license and legal documents.
The Helmans are represented by Bradley Colborn and Michael Misch, of Anderson Agostino & Keller, South Bend. Barnett’s Bail Bonds Inc. is represented by local attorney Jay Rigdon. Lexington National Insurance Corporation is represented by Angela Hall and Jason Rauch, of Faegre Drinker Biddle & Reath LLP, Indianapolis; and Martin and Foster are representing themselves.
At the time of the Aug. 25, 2014, incident, Gary had active warrants for failing to appear at two court dates stemming from felony battery to a police officer charges and resisting law enforcement. Atta had bailed Gary out of jail using Barnett’s and posting a $2,500 surety bond. When Gary skipped his court dates, Barnett’s made phone calls to members of Gary’s family and sent Atta a letter notifying her that if Gary doesn’t show up to court that she could be on the hook for the $25,000 bail.
Rigdon and Hall both said that instead of telling Gary to turn himself in, Atta wrote back to Barnett’s and said Barnett’s Bail Bond employees assaulted her and Larry with weapons and that Barnett’s owed them $5,000.
Colborn called former Kosciusko County Sheriff’s Office Det. John Ayres as the first witness Wednesday and heard testimony from Ayres that during his 17 years in law enforcement, Ayres knew Gary as “an unpredictable person when it came to dealing with law enforcement.”
“One time the SWAT Team was used to serve a warrant to Gary in 2013,” Ayres said, citing it was for the protection of everyone involved and that nobody got hurt during that apprehension and Gary was taken into custody successfully.
Ayres conducted interviews with Martin, Foster and Thomas after the incident and footage from a GoPro camera worn by Foster was shown to the jury. Several gunshots could be heard on the video and eventually Foster was seen dragging Martin, who was bleeding severely, off of the back porch to hide between two vehicles while police and medics were called.
Authorities said Martin was wearing a GoPro camera on his vest at the time of the incident, however, they believe Martin thought he was turning the camera on, but instead was actually turning it off, so there is no footage to be shown from Martin’s perspective.
Next, jurors heard a 70-minute audio recording between Gary and Stacey Staley, who was a reporter for The Papers Inc. at the time, and who had been working with Barnett’s and Martin as an informant to help with the seizure of Gary. According to court documents, Staley set up a fake interview with Gary at the home and all the while was texting Martin about who was inside, what the layout of the home was and what individuals were wearing.
Staley and The Papers Inc. were originally part of the lawsuit, however, Kosciusko Circuit Court Judge Mike Reed dismissed them as defendants in December 2016, citing there was no relief that could be granted by the two defendants. Staley is expected to give testimony today as a witness for Lexington.
In the taped interview, Gary tells Staley about his multiple lawsuits he’s brought against the sheriff’s department, a Whitley County judge and Indiana State Police.
“I sue judges, I sue prosecutors and I sue cops,” Gary said. “I’m tired of getting shot. I’m tired of them coming out here and harassing me.”
Staley promised she would write a series of articles about Gary’s story and immediately after she left the home, the bounty hunters attempted to apprehend Gary.
Jurors saw photos of the outside of the home, along with inside that included large amounts of blood spatter all along the hallway walls and a blood trail from the back porch door to the back bedroom, where jurors were shown a dead Gary Helman lying on the floor. Jurors were also shown a photo of a pile of guns that were located in the property’s shed, along with contents from inside the van of the bounty hunters that included “The Complete Idiot’s Guide To Private Investigating.”
Martin says as he was on the back porch, Gary shot him twice, leaving Martin injured and bleeding on the porch. He then contends that Larry was approaching him and would not stop per Martin’s commands, so Martin shot Larry twice. Then Gary appeared at the back door and he and Martin exchanged gunfire. Martin was hit three more times for a total of five bullet wounds, and Gary was killed.
Ayres testified Wednesday that by listening to the audio of the GoPro camera footage, and by his training in law enforcement and weapons, he believes Martin’s account of the day is true.
Ayres said that he believes all of Gary’s shots came from inside of the home and all of Martin’s came from outside. And, given the circumstances, Ayres said, he believes it was reasonable for Martin to shoot Gary.
Upon searching the home after the incident, police located a shotgun right outside of Atta’s bedroom closet, along with a shotgun in Gary’s bedroom. The revolver Gary used in the shootout was located underneath a kitchen stool.
Larry told jurors that he had only recently moved in to his mother’s home on Aug. 4, 2014, after separating from his wife. He said he worked 11 hours a day at R.R. Donnelley’s and wasn’t home much, but when he had a day off he would spend time with his twin brother, if he was around.
Larry said Gary’s trouble with the law began in 2003 when Gary got a divorce and wasn’t allowed to see his three daughters and that Gary felt he wasn’t being treated fairly by the justice system.
“He always told me, get ‘em with a pen. Sue ‘em. Revenge to Gary was in the courtroom, not the backyard,” Larry said through tears. “The last thing we’re gonna do is assault an officer. We weren’t raised that way.”
On Tuesday, jurors heard that there were two propane gas tanks placed in the home and that Atta had stated if anyone tried to come and get her boys that she would shoot the tank and “blow them out.”
Larry said his mother has never even picked up a shotgun, let alone would an 80-year-old lady blow up her retirement home and her two sons.
“I don’t think so,” he said.
Larry said he generally stayed out of his brother’s affairs but knew that his brother had pending lawsuits against authorities and that Gary was speaking with a local reporter. Larry believes the reason Gary shot Martin was because Gary saw Martin shoot Larry.
“I’ll bet that’s why he got a gun,” Larry said.
Rigdon said if Gary would have turned himself in, no one would have ever showed up at the house that day.
The last witness for the day was Atta, who said she is 80 years old and works behind a deli counter slicing meat. She also believes Gary’s trouble with the law stems from his 2003 divorce and custody battle.
“He wasn’t anti-government, but he didn’t trust them all either,” she said. “He would file petitions or whatever he needed to do to respond to his ex-wife so he could see his girls.”?
Atta then testified that she never read any of the bond paperwork she signed and claimed ignorance to what posting a bond even means – even though she’d bonded Gary out of jail twice before. As far as the shotgun found in her bedroom, she says she didn’t know it was there because she doesn’t sleep in that room nor does she get her work clothes from that closet. The propane tanks and her threat to blow the place up? The gas is used for space heaters and she’d never blow anything up, she said, it was all in jest.
She said Gary was so happy that Staley had come to interview him that day, telling her, “I’m so happy, I’m finally going to get my story told.”
Then, she said, everything happened so fast when the bounty hunters arrived and “it seems like a nightmare.” She also said Larry didn’t get to attend Gary’s funeral because he was recovering from his injuries.
More questioning by defense counsels revolved around the issue of Gary’s address and Atta’s understanding or lack thereof of the bond paperwork.
Foster cross-examined Atta and asked her two questions: 1. Have I ever laid hands on you or injured you in any way??Atta said, “No.” 2. Have you ever witnessed me entering your home? Atta said she couldn’t be sure but it was concluded that “No.” Foster replied, “You’re suing me for going into your home. No further questions.”
Colborn asked Atta if she ever got a letter from Barnett’s or Lexington that stated armed men would come in and take Gary dead or alive? She said she didn’t.
Colborn will call two police officers as witnesses this morning. The trial is operating in two phases. Phase I will be for jurors to decide if any of the defendants are liable for the actions and harm caused that day. If any or all of them are found to be liable, then Phase II will commence. Phase II will determine the amount of damages the Helmans will be awarded. Phase I is anticipated to conclude today.
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