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Murder Suspects Arraigned In Whitley Court

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COLUMBIA CITY - As the family of Donald Sundheimer prepared to say good-bye this morning in Warsaw, the two people accused in connection with his death were before Judge James Heuer in Whitley Circuit Court.

Sundheimer's body was found Wednesday in a cornfield near Columbia City. Sundheimer was reported missing July 28 after having last been seen in Warsaw on July 23. It is believed Sundheimer died July 23, officials said.

Services for Sundheimer, 62, of Eagle Street, were this morning.

Eugene Alan Nowack, 36, of 8280 U.S. 30E #55, Pierceton, is accused of murder and felony murder after allegedly beating Sundheimer to death with a tire iron. Nowack is being held without bond in the Whitley County Jail.

Also facing charges is Stephanie Smith, 27, of 8280 U.S. 30E #55, Pierceton. She is being held in the WCJ on a $100,000 bond for aiding in an armed robbery, a Class A felony.

During an initial hearing in their cases this morning, a plea of not guilty was entered on behalf of each defendant after Heuer read the charging information and told of the possible punishment upon conviction. The preliminary pleas of not guilty become formal in 20 days if no other plea is entered.

A conviction for murder carries a prison term of 45 to 65 years. A Class A felony is punishable by 20 to 50 years in prison.

Brad Voelz of the Warsaw firm of Hampton & Voelz was appointed as pauper counsel for Nowack. When asked by Heuer if he wanted a public defender, Nowack replied, "Sure."

Steve Hearn of Lemon, Armey, Hearn & Leininger of Warsaw entered an appearance as the attorney for Smith. Hearn also filed motions for reduction of bail and to quash the arrest warrant, but told Heuer he wasn't asking for the court to address those matters today.

The motive for Sundheimer's death reportedly was robbery. Nowack and Smith were allegedly with Sundheimer in the early morning hours of July 23 when he made or attempted to make several withdrawals from his bank accounts via automatic teller machines in Warsaw. Police said Sundheimer, Nowack and Smith were allegedly planning to travel to Fort Wayne to complete a drug transaction with Sundheimer's money.

Although some of the banking transaction attempts were denied, $600 was removed from Sundheimer's accounts, police said. Nowack reportedly took Sundheimer's wallet containing $400 cash after the alleged murder occurred and Smith allegedly helped dispose of Sundheimer's personal property. Sundheimer's car was found abandoned in Whitley County a few days after his disappearance.

Warsaw Police Department detectives initiated the investigation, with Whitley County Sheriff's Department and Indiana State Police officers entering the case after it was determined the offense occurred outside the WPD jurisdiction. Police said Sundheimer was killed at the location where his decomposed remains were found. Smith reportedly confessed to her role in the crime and led police to Sundheimer's body.

Pretrial conferences for both Smith and Nowack are set for 9 a.m. Sept. 18 in Whitley Circuit Court, with omnibus dates - the deadline for filing particular documents with the court - for both set for Oct. 16.