Thursday, June 12, 2014

06122014 - Detroit PD Officer Anna Hamilton Barton - Murdered by husband, Damon Barton







On June 12, 2014, Detroit Police Officer Anna Hamilton Barton was shot and killed by her husband Damon Barton. At the time of her murder, Officer Hamilton was considering filing for divorce from her husband - who had a known violent past.







When Damon Barton murdered Officer Anna Hamilton Barton, he knew she wanted to end their marriage. He was on parole at the time he murdered his wife: first-degree home invasion, assault with intent to do great bodily harm less than murder, assault with intent to commit murder, and felonious assault, in connection to the break-up of a pervious relationship in 1986.











Detroit police officer found dead in Redford Twp. murder-suicide

A Detroit Police officer was among two people found dead in a Redford Township home late this morning in what police are classifying as a murder-suicide, Redford Police officials said.

Officers were dispatched to a residence in the 9900 block of Kinloch Street at 11:39 a.m. in Redford Township for a report of a possible homicide. Responding officers found two deceased subjects.

No suspects are actively being sought, police said.

One of the deceased has been identified as 50-year-old Anna Hamilton.

Detroit Police Chief James Craig did not identify the officer, but said she a 16-year veteran of the department and was “well loved and liked by her co-workers.”

Based on the information he has received, Craig said the incident appears to be domestic.

Craig said the officer works an overnight shift. He said other officers had spoken with her this morning and did not detect any problems.













Detroit Cop Killed in Suspected Murder Suicide With Husband
Deadline Detroit
June 12, 2014, 2:54 PM 

A Detroit cop was found murdered in her Redford Township home Thursday in what appears to be a murder-suicide involving her husband.

Redford Township Police told Deadline Detroit that police were dispatched to the 9900 block of Kinloch Street around 11:40 a.m. where they found two bodies. 

Police declined to release the names of the people.

But WDIV reported that family members at the scene identified the officer as Anna Hamilton, mother of three adult children, who was married for three years to Damon Barton. Hamilton worked the night shift.

Family members told WDIV that they believe Barton killed Hamilton before killing himself.

Detroit Police Chief James Craig said, according to WDIV:
"It appears that a Detroit police officer was murdered. Domestic situation it appears now. Being investigated by the state police and Redford Township. This has touched many, many in our DPD family."













Detroit police chief says officer found killed in Redford Township home
Family says husband killed police officer in apparent murder-suicide
Click On Detroit
Jun 12, 2014





















REDFORD TOWNSHIP, Mich. - Detroit Police Chief James Craig says one of his officers has been murdered in her home. 

Craig said the body of the veteran patrol officer was found Thursday in her home on Kinloch Street in Redford Township. 

Craig said she had just returned home from her overnight shift. 

"It appears that a Detroit police officer was murdered. Domestic situation it appears now. Being investigated by the state police and Redford Township," Craig said. "This has touched many, many in our DPD family."

Family members on the scene identified the victim to Local 4 as Anna Hamilton, adding that she has three adult children and had only been married to her husband, Damon Barton, for three years. 

Family members on the scene described it as a murder-suicide, saying Barton killed Hamilton before killing himself.

Neighbors Local 4 spoke with said they didn't hear any sounds, but saw Redford Township police rush to the home with guns drawn. 

"I saw several police cars. When they got out of their vehicles, they had their shotguns drawn," said neighbor Tom Ivan. 













Detroit police chief says officer found killed in Redford Township home














Police: Detroit police officer found dead after apparent murder-suicide in Redford Twp.




















Police: Detroit police officer found dead after apparent murder-suicide in Redford Twp.
MyFOXDetroit.com
Jun 12, 2014





REDFORD, Mich (WJBK) -- Family members hug one another as Redford police and state police detectives investigate an apparent murder-suicide on the 9900 block of Kinloch in Redford Township. 

Office Anna Hamilton, a 16-year-veteran of the Detroit Police Department, was found shot and killed. Her husband Damon Barton was also dead by gunshot. 

Both were found in their home Thursday around 11 a.m.

Detroit City Council President Brenda Jones immediately attended a grief counseling session at the northwest district where Hamilton was assigned. 

"Something had happened with the husband, don't know exactly what the situation was, killed her and then killed himself," Jones says. 

Neighbor Paul Cobb said the victim's family members described the same scenario. 

"He had shot her and called his brother and basically said, 'I did it', and then shot himself afterwards, and I guess his brother came over, and I guess his brother was the one that called 911," says Cobb. 

Redford police confirmed a family member arrived and called 911, but Redford authorities and the state police, for now, are not describing who shot whom. 

Cobb says Hamilton was seeking a divorce. 

"She was in the process of wanting to get a divorce and he was, obviously, not happy about it," he says. "Friends and family had actually given her money to get a divorce on Mother's Day. That was one of the gifts that they gave her."

Colleagues on the Detroit Police Department who worked with Hamilton are crushed with the news. 

"Well, I can't comment on the situation and normally we're not necessarily supposed to comment, but this I can say because she was an outstanding woman, outstanding officer and she was a friend. She was a friend to all of us. She was a great hugger, great encourager, and the stuff we go through in this city, it's officers like that that make your job better," says Steve Kanakis of the Detroit Police Department. 

The couple had two adult children. The family has declined to comment. 

Hamilton served 16 years on the force. She is said to have currently been working as a patrol officer but had previously worked in the narcotics unit. 













Neighbors, police in 'total shock' after Detroit officer killed in apparent murder-suicide


Redford Township — An off-duty veteran Detroit police officer who received a life-saving citation her first year on the job was killed by her husband Thursday morning in what police are calling a murder-suicide.

Redford Township police were called at 11:39 a.m. to the 9900 block of Kinloch, where officers forced their way inside and found the couple dead, police said.

Detroit Police Chief James Craig said the incident appeared to be a murder-suicide.

“This is tragic,” said Craig. “I’ve had a chance to talk with a number of her fellow officers, who all expressed tremendous sadness. She was well-respected by many. I looked at her personnel file, and she received a lifesaving citation her first year.

“One of the officers I spoke with referred to her as a mother figure. He said he spoke with her this morning, and that he didn’t detect any problems. He’s in total shock.”

Police and neighbors identified the officer as Anna Hamilton, a 17-year veteran, and said she had lived in the home for a few years.

On Thursday afternoon Redford police, Detroit police and Michigan State Police cars blocked off the streets surrounding the home as investigators worked inside. The front door was open and curtains blew outside an open side window.

Craig said Michigan State Police are investigating the incident.

As of Thursday evening police did not yet know what the circumstances were that led to the shooting, according to Detroit Police Spokesman Adam Madera.

Redford Detective Sgt. Kevin Crittenden said a family member called police, saying an incident had occurred at the house.

Neighbors said they didn’t hear any gunfire.

Tom Ivan and another neighbor, Paul Cobb, said Hamilton was a friendly person.

“She was a good person,” Cobb said. “This is a neighborhood where we would mow each other’s grass, shovel each other’s snow. We helped each other out all the time. She always believed in giving people a second chance.”

The officer, who joined the police force in 1998, spent time at the 6th Precinct and the Narcotics Section. She once talked a disturbed man out of killing his family, after he’d held them hostage and threatened to burn his house down.

“She was very committed to her job,” Craig said. “This is a tremendous loss to both the Detroit Police family and the citizens of Detroit.”












Death of police officer Anna Hamilton
Detroit Police Department Facebook
June 13, 2014














Death of police officer Anna Hamilton
Detroit Police Lieutenants & Sergeants Association Facebook
June 13, 2014














Detroit police officer, husband found dead in Redford Township identified
Detroit Free Press
June 13, 2014


A Detroit police officer, found dead in her Redford Township home Thursday, was killed and her husband committed suicide, according to the Wayne County Medical Examiner’s Office.

Anna Hamilton-Barton, 50, suffered multiple gunshot wounds and her death was ruled a homicide, said Mary Mazur, a spokeswoman for the medical examiner’s office. The woman’s 47-year-old husband, Damon Barton, died from a single gunshot wound to the head, and his death was ruled a suicide, Mazur said.

Hamilton-Barton was a Detroit police officer.

She and her husband were found dead in their home in the 9900 block of Kinloch. Redford Township police said they were dispatched to the home at about 11:39 a.m. on a report of a possible homicide. On Thursday, police said they were not seeking any suspects and said the investigation was ongoing.

Redford Township police declined to release additional information today.

The Detroit Police Department issued this statement today on its Facebook page:
“Today is a very tragic day for our Detroit Police Department family as we mourn the loss of Police Officer Anna Hamilton. While the circumstances of her death are still being investigated, let us continue to band together in unity and support one another.”

Chief James Craig said the officer worked an overnight shift and was a 16-year veteran of the department. He said she was “well-loved” by her coworkers.













Autopsy: Husband pulled trigger in Redford Twp. murder-suicide
myFOXDetroit.com
Jun 13, 2014


(WJBK) - The Wayne County medical examiner's office is listing the deaths of an off-duty Detroit police officer and her husband as a murder-suicide.

Autopsy results Friday show 50-year-old Anna Hamilton-Barton suffered multiple gunshot wounds, while 47-year-old Damon Barton died of a self-inflicted gunshot to his head

Their bodies were found  Thursday at about 11:40 a.m. in the house the couple shared on the 9900 block of Kinloch in Redford Township. 

Fox 2 is told Damon has a criminal record, spent time in jail twice and was paroled last year. Neighbors say Anna was in the process of seeking a divorce. 

Hamilton served 16 years on the force. She is said to have currently been working as a patrol officer but had previously worked in the narcotics unit. 













Husband who killed Detroit cop had violent past
The Detroit News
June 13, 2014
http://www.detroitnews.com/article/20140613/METRO01/306130092/Husband-who-killed-Detroit-cop-had-violent-past



The man who shot his Detroit Police Officer wife in their home Thursday before turning the gun on himself had a violent criminal past, and was on parole at the time of the shooting, records show.

Redford Township Police say Damon Barton, 47, shot and killed his wife, 17-year Detroit Police veteran Anna Hamilton-Barton, 50, before committing suicide. Their bodies were found inside their home Thursday morning after a family member dialed 911.

Court records show Hamilton-Barton filed for divorce in April 2012, although the case was dismissed in July 2012 for non-appearance.

State records also show Barton was convicted of numerous violent offenses.

Barton was convicted in 1986 of carrying a concealed weapon and careless discharge of a weapon causing death. He spent four years in prison before being paroled in 1990.

In 1996, Barton was convicted of home invasion and spent 17 years in prison. He was paroled in March 2013, and was to remain on parole until March 2015.

Hamilton-Barton, who received a life-saving citation her first year on the job, worked several details during her career, including the 6th Precinct and Narcotics Section. The news of her slaying was a shock to those who knew her, and several Detroit Police officers changed their Facebook profiles to a badge adorned with a black band in her memory.

“She was an intelligent police officer who was well-liked by her co-workers,” said retired Detroit Police Officer David Malhalab, who worked with her at the 6th Precinct, where she was a member of that precinct’s Special Operations unit. “She’s one of those officers you enjoyed working with. She was always professional and pleasant.”

Tom Ivan and another neighbor, Paul Cobb, said Hamilton-Barton was friendly.

“She was a good person,” Cobb said. “This is a neighborhood where we would mow each other’s grass, shovel each other’s snow. We helped each other out all the time. She always believed in giving people a second chance.”

The officer, who joined the police force in 1998, spent time at the 6th Precinct and the Narcotics Section. She once talked a disturbed man out of killing his family, after he’d held them hostage and threatened to burn his house down.













Autopsy: Off-duty officer shot multiple times
Shooting deaths of off-duty Detroit police officer, husband investigated as murder-suicide
The Elkhart Truth
June 13, 2014
REDFORD TOWNSHIP, Mich. (AP) — The Wayne County medical examiner’s office is listing the deaths of an off-duty Detroit police officer and her husband as a murder-suicide.

Autopsy results Friday show 50-year-old Anna Hamilton-Barton suffered multiple gunshot wounds, while 47-year-old Damon Barton died of a self-inflicted gunshot to his head.

Their bodies were found about 11:40 a.m. Thursday in the house the couple shared in Redford Township, west of Detroit. Redford Township police have said they were “not actively seeking any suspects.”

Family members told WXYZ-TV that the couple had been having marriage problems.

Detroit Police Chief James Craig has said the officer was a 16-year veteran of the department.













Autopsy: Off-duty officer shot multiple times 
Herald Palladium
June 13, 2014

REDFORD TOWNSHIP, Mich. (AP) — The Wayne County medical examiner's office is listing the deaths of an off-duty Detroit police officer and her husband as a murder-suicide.

Autopsy results Friday show 50-year-old Anna Hamilton-Barton suffered multiple gunshot wounds, while 47-year-old Damon Barton died of a self-inflicted gunshot to his head.

Their bodies were found about 11:40 a.m. Thursday in the house the couple shared in Redford Township, west of Detroit. Redford Township police have said they were "not actively seeking any suspects."

Family members told WXYZ-TV that the couple had been having marriage problems.

Detroit Police Chief James Craig has said the officer was a 16-year veteran of the department.













Off-Duty Officer Shot Multiple Times
WLNS News
Jun 13, 2014

REDFORD TOWNSHIP, Mich. (AP) - The Wayne County medical examiner's office is listing the deaths of an off-duty Detroit police officer and her husband as a murder-suicide.

Autopsy results Friday show 50-year-old Anna Hamilton-Barton suffered multiple gunshot wounds, while 47-year-old Damon Barton died of a self-inflicted gunshot to his head.

Their bodies were found about 11:40 a.m. Thursday in the house the couple shared in Redford Township, west of Detroit. Redford Township police have said they were "not actively seeking any suspects."

Family members say the couple had been having marriage problems.

Detroit Police Chief James Craig has said the officer was a 16-year veteran of the department.













Officer and husband found shot to death in home
WWMT TV News
June 13 2014
http://www.wwmt.com/shared/news/features/state/stories/wwmt_-officer-husband-found-shot-death-home-4878.shtml#.U5zFVuqYYiQ








DETROIT (NEWS CHANNEL 3) - An off-duty Detroit police officer and her husband have been found shot to death at their home.

Officers found the bodies just before noon Thursday while responding to a report of a possible homicide.

Family members say Officer Anna Hamilton and her husband were having marriage problems.

Police say it's still early in the investigation, but it's possible Hamilton was the victim of a murder-suicide.

"They were always ah, pretty close to each other, you know? Always helped each other out. She was always a good person, she always believed in giving people second chances she believed in god you know, very much so," said neighbor Paul Cobb. 

The Detroit Police Chief says Officer Hamilton was a respected officer.

She had been serving the city for 16-years.












Funeral arrangements set for Detroit police officer killed
Detroit Free Press
June 17, 2014

Funeral arrangements have been made for a Detroit police officer, who was found fatally shot in her Redford Township home last week. Her husband had committed suicide.

Anna Hamilton-Barton’s death was ruled a homicide by the Wayne County Medical Examiner’s Office, which ruled her husband Damon Barton’s death a suicide. He died from a single gunshot would to the head, a spokeswoman for the medical examiner’s office previously told the Free Press.

The Detroit Police Department posted on its Facebook page that visitation for Hamilton-Barton will be held 1-5 p.m. Wednesday at Greater Emmanuel Institutional Church of God in Christ, 19190 Schaefer. The family hour will be at the church at 10 a.m. Thursday and at 11 a.m. that day services will be conducted.
Hamilton-Barton will be interred at Grand Lawn Cemetery, 23501 Grand River, in Detroit, according to the police department.












Autopsy: Off-Duty Michigan Officer Shot Multiple Times 
The Monroe News
June 14, 2014
REDFORD TOWNSHIP, Mich. (AP) — The Wayne County medical examiner's office is listing the deaths of an off-duty Detroit police officer and her husband as a murder-suicide.

Autopsy results Friday show 50-year-old Anna Hamilton-Barton suffered multiple gunshot wounds, while 47-year-old Damon Barton died of a self-inflicted gunshot to his head.

Their bodies were found about 11:40 a.m. Thursday in the house the couple shared in Redford Township, west of Detroit. Redford Township police have said they were "not actively seeking any suspects."

Family members told WXYZ-TV that the couple had been having marriage problems.

Detroit Police Chief James Craig has said the officer was a 16-year veteran of the department.













Detroit police name domestic violence initiative after fallen officer
The Detroit News
September 11, 2014
http://www.detroitnews.com/article/20140911/METRO01/309110109
                                     

Detroit —Detroit police on Thursday remembered one of their own by naming in her honor a citywide initiative to capture suspects wanted on domestic violence charges.

Operation Smurfette, the code name of 17-year veteran Anna Hamilton-Barton when she was assigned to the department’s narcotics unit, is designed to capture fugitives of domestic violence, said Detroit Police Chief James Craig before a 9/11 memorial service in Campus Martius.

By Thursday night, Operation Smurfette had netted 56 arrests — 48 males and eight females, according to the department.

On June 12, Hamilton-Barton, 50, was fatally shot in her home by her estranged husband Damon Barton, 47. He then turned the gun on himself.

Court records show Hamilton-Barton filed for divorce in April 2012, although the case was dismissed in July 2012 for non-appearance. State records show Barton was convicted of numerous violent offenses.

Detroit police are focusing their efforts on apprehending 264 wanted on domestic violence charges. Craig said the department will find and arrest the remainder through October, which is Domestic Violence Awareness Month.

Craig described domestic violence as a form of terrorism that can destroy lives.

“I have often times talked about urban terrorism ... gang members who create violence in our community, who I consider urban terrorists,” said Craig. “We also have terrorism in many of our homes. We are talking about incidents of domestic violence.”

In 2013, a total of 7,735 domestic violence cases were reported in the city. Included are cases involving property crimes, aggravated assaults involving weapons, robbery and rape. To date in 2014, 5,548 cases have been reported with 2,474 warrants being submitted.

Craig said the city has seen a 4 percent increase in aggravated assaults. He said 24 percent of aggravated assaults are the result of domestic violence. And often times, domestic violence suspects are repeat offenders.

Hamilton-Barton served with distinction and commitment, said Craig. She received a life-saving citation her first year on the job, worked several details during her career, including in the 6th Precinct and the narcotics section.

Hamilton-Barton’s adult children, Sequoya Vance and Devante Hamilton, joined Craig at the event.

Vance said she appreciates the support the department and residents have shown her family.

She said naming the initiative in honor of her mother was not only a sweet gesture but it also showed that her mother’s work as a police officer was not in vain.


“My mom loved being an officer,” Vance said. “She would always say that this was the job that God provided her with, so she wanted to do it to the best of her ability. I am so glad and proud that her work was appreciated and still is and that in her memory they are still fighting to help people who are domestic violence victims.”



Wednesday, April 23, 2014

04232014 - [IN] Amanda Bach Murder Case - Dustin McCowan's Appeal

*Links to posts on Amanda's case 
are on the bottom of this post*


Dustin McCowan's murder conviction upheld by the Indiana Supreme Court - 03/25/2015

Question from the Peanut Gallery: LE believe that Dustin's father - [IN] Crown Point Police Officer Joseph Elliott McCowan - was involved in destroying evidence in Amanda Bach's murder. Will Dustin McCowan - now with all his appeals behind him and looking at 60 years in prison - turn over evidence to LE, regarding his father / Officer McCowan???

















Reminder: 
Supreme Court oral arguments for Dustin McCowan's appeal of his conviction for the murder of Amanda Bach will take place on October 23, 2014 at 9:45 AM - eastern time. NWI residents, please note Indianapolis time difference [1 hour ahead of central time].



Oral arguments on the case can be viewed live from the Indiana Supreme Court webcam: 









Dustin McCowan appeal update -  
August 20, 2014:
Oral arguments before the Indiana Supreme Court scheduled for October 23, 2014 at 9:45 A.M.










Chronological Case Summary

08-21-2014 ****** ABOVE ENTRY MAILED ******


08-20-2014: The Court has determined that the above- captioned case warrants oral argument. The argument will be conducted in the Courtroom of the Indiana Supreme Courtroom of the Indiana Supreme Court, 317 Statehouse, 200 West Washington Street, Indianapolis, Indiana. The argument will be forty [40] minutes in length, equally divided between appellant[s] and the appellee[s]. If there are multiple appellants or appellees, the parties shall divide the time among themselves as they deem appropriate. Any entity granted amicus status may argue without further motion, but only with the consent of the party or parties with  whom the amicus is substantively aligned. Additional time will not be added for multiple parties or the participation of amici. Attorneys who plan to sit at counsel's table should arrive at least twenty [20] minutes before the scheduled start of the argument and complete the appearance form upon arrival. The argument will take place at the following date and time: Thursday, October 23, 2014 at 9:45 AM. If this is a direct appeal, a certified question from the United States Supreme Court or a United States Circuit Court, or a case granted transfer under Appellate Rule 56 or 57, the appellant shall argue first....
Loretta H. Rush, Chief Justice
[Order rec'd 08/21/14 @ 8:38 AM] entered on 08/21/14. KF

08-20-2014 THE COURT HAS ISSUED THE ATTACHED ORDER:









Dustin McCowan appeal update - 
August 07, 2014:
McCowan's right to appeal was granted by the Indiana Supreme Court.















08-07-2014 ****** ABOVE ENTRY MAILED ******

08-07-2014  APPELLANT'S PETITION FOR TRANSFER IS HEREBY GRANTED, THIS 7TH DAY OF AUGUST, 2014.
BRENT E. DICKSON, CHIEF JUSTICE

(ORDER REC'D ON 08/07/14 @ 1:50 PM) ENTERED ON 08/07/14 AB










Indiana High Court to Hear Convicted Murderer's Appeal
Dustin McCowan is serving 60 years in prison for the shooting death of Amanda Bach
Tuesday, Aug 12, 2014 • Updated at 7:46 AM CDT
NBC - Chicago, IL
http://www.nbcchicago.com/news/local/indiana-dustin-mccowan-appeal-amanda-bach-270887411.html


Indiana Supreme Court justices on Monday agreed to hear a northern Indiana man's appeal of his conviction in his ex-girlfriend's fatal shooting.

Twenty-one-year-old Dustin McCowan is serving a 60-year sentence  for the September 2011 murder of 19-year-old Amanda Bach  of Portage, who was slain during a dispute.

The Indiana Court of Appeals upheld McCowan's conviction and sentence in April, but the state's high court announced it would hear his appeal.

McCowan's appeal will likely focus on the admissibility of cellphone records purportedly showing McCowan at sites near where Bach's car and body were found, the Times of New Munster reported.  

He's also expected to challenge a Porter County judge's alleged bias in the case and refusal to provide jurors with McCowan's preferred instruction on a criminal defendant's presumption of innocence.

Bach's body was found in a wooded area near McCowan's home in Union Township three days after the 19-year-old disappeared.










Indiana Supreme Court to hear McCowan appeal in Bach slaying
August 11, 2014
NWI Times - Dan Carden


INDIANAPOLIS | The Indiana Supreme Court has agreed to hear the appeal of Dustin McCowan, the Porter County man serving a 60-year prison term for the Sept. 16, 2011, murder of his former girlfriend, Amanda Bach, of Portage.

The state's high court announced Monday it granted transfer in McCowan's appeal. That vacates the April 23 decision by the Indiana Court of Appeals upholding McCowan's conviction and prison sentence.

McCowan's Supreme Court appeal likely will focus on the admissibility of cellphone records purportedly showing McCowan at sites near where Bach's car and body were dumped on the date of the murder.

He also is expected to challenge Porter Superior Judge William Alexa's alleged bias in the case and the judge's refusal to provide jurors with McCowan's preferred instruction on a criminal defendant's presumption of innocence.

The Court of Appeals was unpersuaded by those arguments. It ruled 3-0 that McCowan's cellphone records were properly admitted, the judge was under no obligation to recuse himself and the presumption of innocence notice was covered by other jury instructions.

The Supreme Court probably will hear oral arguments in McCowan's appeal in early 2015. A ruling typically follows several months later.

McCowan, now 21, was found guilty of shooting 19-year-old Bach in the throat during the early morning hours after she showed up at the Union Township home he was living in at the time with his father.

Her partially clothed body was found the following day less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National railroad tracks.









Dustin McCowan's murder conviction upheld














































Appellate court upholds McCowan murder conviction
April 24, 2014
NWI Times
Bob Kasarda
http://m.nwitimes.com/news/local/porter/portage/appellate-court-upholds-mccowan-murder-conviction/article_1c071e95-5049-59e6-8f8c-15a21e83abfb.html?mobile_touch=true

VALPARAISO | The Indiana Court of Appeals has upheld the conviction and 60-year prison sentence of Dustin McCowan in the 2011 shooting death of his former girlfriend Amanda Bach.

The court rejected claims by 21-year-old McCowan that police and Porter Superior Court Judge Bill Alexa erred in the handling of cell phone evidence, the instructions given to jurors and a threatening telephone message from a member of McCowan's family.

McCowan was sentenced in March 2013 after a jury found him guilty a month earlier of shooting his former girlfriend, 19-year-old Amanda Bach, of Portage, in the throat during the early morning hours of Sept. 16, 2011, after she showed up at the Union Township home he was living in at the time with his father.

McCowan later argued his conviction should be reversed, in part, because Alexa "erred in admitting cell phone records that were allegedly unreliable and obtained in violation of his right to be free from unreasonable search and seizure" contrary to the state constitution, according to appellate court's ruling. He further argued the court erred in admitting "dubious data" contained in those records.

The appellate court ruled McCowan waived his challenge to the admissibility of those records because he failed to properly object.

"Waiver notwithstanding, the trial court properly admitted the records, and found that any dispute about the accuracy of the location estimates were for the jury to resolve," according to the appellate court.

Prosecutors used the cell phone records at trial to challenge McCowan's claim he was at home at the time Bach was believed to have been killed. Cell activity recorded from towers in the Wheeler area place McCowan's phone at several locations around and between where Bach's body and car were found, police claimed.

The court also found that "under the totality of the circumstances and in light of the emergency situation, the police officers did not violate McCowan's constitutional rights ... by conducting a warrantless search of his cell phone records."

The appellate court also rejected a claim that Alexa failed to inform jurors of McCowan's presumption of innocence.

Lastly, the appellate court also tossed out a claim that Alexa erred by not stepping aside after learning about a telephone call with McCowan from the jail that included derogatory and threatening remarks about prosecutors, police and their family members.

The appellate court determined that Alexa made it clear at sentencing he was not considering the call.

"There was nothing about the situation that would cause a reasonable person to doubt the trial court's impartiality," the court said.

McCowan can still seek to have the Indiana Supreme Court consider his challenge, as well as file continued challenges at the local level.







Amanda Bach Murder Case:



Amanda Bach [Portage, Indiana]. Murdered by her ex-boyfriend Dustin McCowan [son of Crown Point police officer Joseph Elliott McCowan] - September 16, 2011











Dustin McCowan - Convicted and sentenced to 60 years in prison for murdering Amanda Bach [February 2013]






Crown Point Indiana police officer Joseph Elliott McCowan - Investigated for his possible role in hiding key evidence in his son Dustin's murder case.



Dustin McCowan: son of Crown Point Indiana police officer Joseph Elliott McCowan. Convicted in February 2013 of murdering Amanda Bach [Portage IN - September 16, 2011]. Sentenced to 60 years in prison [March 2013].

Immediately following the murder of Amanda Bach the Porter County SD also began investigating Dustin McCowan's father: Officer Joseph Elliot McCowan for his possible role in hiding key evidence [ Amanda's cell phone; the gun; etc] in the murder case against his son / Dustin.

In April 2013 the Porter County SD discontinued its investigation of Officer McCowan.

The sheriff department, prosecutor, and Amanda's parents believe that Officer McCowan played a role in covering up the murder of Amanda.

The Porter County Sheriff Department said the investigation of Officer McCowan could be re-opened if they receive new information in the case.























McCowan fails in first bid to overturn murder conviction
May 03, 2013 - 4:35 pm
Bob Kasarda
NWI Times







VALPARAISO - Dustin McCowan has failed in his first shot at overturning his 60-year sentence and conviction for murdering former girlfriend Amanda Bach.

Porter Superior Court Judge Bill Alexa on Friday tossed out claims that he erred by not stepping aside after learning about a telephone call with McCowan from the jail that included derogatory and threatening remarks about prosecutors, police and their family members.

Public defender Mitch Peters argued 20-year-old McCowan's original defense team did not know about the call until Alexa commented on it during sentencing or it would have asked the judge to recuse himself.

The judge mentioning the call indicated "a personal prejudice and animosity against the defendant," Peters said.

Alexa said in his Friday order that the court is made aware of any potential threats involving staff or participants in order to determine whether there is a risk to personal safety. That is what occurred in this case, and Alexa said he determined there was no threat.

This type of communication is carried out for safety reasons and does not require recusal, he said.

Alexa also said in his order that Peters filed the challenge April 18, before a written transcript was even available of the March 28 sentencing hearing.

According to Friday's order, Alexa had said during the sentencing hearing that McCowan said no when it was suggested during the recorded telephone call that it would be appropriate for prosecutors' children to be killed "so that they would know what this is all about." As a result, Alexa said he did not take the call into consideration when he decided on a sentence.

The call in question was between McCowan and an unnamed person.

Peters has said this failed motion to correct errors was a prerequisite for appeal when addressing newly discovered evidence that could not have been discovered at the time of trial. He reserves the right to take up other issues on direct appeal, but first must review the record considering he did not represent McCowan at the time of trial.

A jury found McCowan guilty in February of shooting his former girlfriend, 19-year-old Bach, of Portage, in the throat during the early morning hours of Sept. 16, 2011, after she showed up at the Union Township home he was living in at the time with his father.

Bach's partially clothed body was found the next day, less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National Railroad tracks.

McCowan, who has maintained his innocence, has been transferred to the Pendleton Correctional Facility to begin serving his time. He is listed on the DOC's online offender search site with a release date of Sept. 17, 2041.








McCowan seeking to toss out conviction/sentence
April 19, 2013 - 8:00 pm
Bob Kasarda
NWI Times
nwitimes.com/news/local/porter/wheeler/mccowan-seeking-to-toss-out-conviction-sentence/article_4c559ef4-c6b0-5152-9ed4-980dae989a79


VALPARAISO - A public defender brought in to handle the appeal for convicted murderer Dustin McCowan is seeking to toss out the conviction and/or 60-year sentence because Porter Superior Court Judge Bill Alexa did not step aside after learning about a telephone call with McCowan from the jail that includes derogatory and threatening remarks about the judge.

The original defense attorneys, who did not learn about the recorded call until Alexa made reference to it during the March 28 sentencing, would have asked the judge to recuse himself had they been made aware of it ahead of time, said attorney Mitch Peters.

Alexa mentioning the call during sentencing indicates "a personal prejudice and animosity against the defendant inspired by said conversation," Peters wrote as part of his motion to correct errors filed Thursday.

Alexa said at sentencing that the call by McCowan at the jail included a comment that prosecutors would have to experience the murder of their own children to understand what the McCowans were going through.

No hearing had been set on the motion as of Friday.

Peters argues that state trial rules say that "the court, if it determines that prejudicial or harmful error has been committed, shall take such action as will cure the error." The potential remedies include a new trial or modifying the original judgment.

Peters said this motion to correct errors is a prerequisite for appeal when addressing newly discovered evidence that could not have been discovered at the time of trial. He reserves the right to take up other issues on direct appeal, but first must review the record considering he did not represent McCowan at the time of trial.

Those original defense attorneys — John Vouga and Nicholas Barnes — submitted a sworn affidavit supporting the claims that they were not made aware of the recording before the sentencing hearing and would have asked Alexa to recuse himself had they been provided a copy ahead of time.

A jury found McCowan guilty in February of shooting his former girlfriend, 19-year-old Amanda Bach, of Portage, in the throat during the early morning hours of Sept. 16, 2011, after she showed up at the Union Township home he was living in at the time with his father.

Bach's partially clothed body was found the next day less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National Railroad tracks.

McCowan, 20, who has maintained his innocence, has been transferred to the Pendleton Correctional Facility to begin serving his time. He is listed on the DOC's online offender search site with a release date of Sept. 17, 2041.










McCowan transferred to begin serving 60-year term for murder
April 16, 2013 - 1:00 pm
Bob Kasarda
NWI Times
nwitimes.com/news/local/porter/wheeler/mccowan-transferred-to-begin-serving—year-term-for-murder/article_93678dbf-a71d-5ef7-87a6-3265c1aaffe6




VALPARAISO - Less than three weeks after being sentenced to 60 years for murdering his former girlfriend, Dustin McCowan has been transferred to the Pendleton Correctional Facility to begin serving his time.

The prison is one of four maximum-level facilities in the state, which are used to house inmates with long sentences, said Douglas Garrison, chief communications officer with the Indiana Department of Correction.

McCowan, 20, is listed on the DOC's online offender search site with a release date of Sept. 17, 2041.

This reflects the earliest date he would be released if his behavior remains good and he earns a day off for each day served, Garrison said. The release date could come even sooner if McCowan shaves more time off by taking part in educational or other programs.

The county's public defender office has been assigned to file an appeal on McCowan's behalf, in an attempt at getting a reduced sentence or having his conviction set aside.

Garrison said legislation is pending before state lawmakers that would increase the amount of time served by giving inmates the opportunity to earn one day off for every three days of good behavior. Any changes would not apply to McCowan.

A jury found McCowan guilty in February of shooting 19-year-old Amanda Bach, of Portage, in the throat during the early morning hours of Sept. 16, 2011, after she showed up at the Union Township home he was living in at the time with his father.

Bach's body was found the next day less than 300 yards from the house in a wooded area along County Road 625 West at the Canadian National Railroad tracks.

McCowan, who has maintained his innocence, declined the opportunity to testify during his nearly monthlong trial or to address the court at sentencing, other than saying, "I don't think the court deserves it, your honor."












Also See: 

Amanda Bach Murder - Dustin McCowan charged with murder http://michiganoidv.blogspot.com/2011/09/in-amanda-bach-murder-case_16.html 

Amanda Bach Murder Case - Investigation of Officer Joseph Elliott McCowan [Crown Point Indiana PD] - September 2011 - April 2013 
http://michiganoidv.blogspot.com/2011/09/in-amanda-bach-murder-case.html 

Amanda Bach Murder Case - Dustin McCowan Trial and Conviction- Feb 04, 2013http://michiganoidv.blogspot.com/2013/02/in-amanda-bach-murder-case-dustin.html 

Amanda Bach Murder Case - Dustin McCowan Sentenced - March 28, 2013http://michiganoidv.blogspot.com/2013/03/in-amanda-bach-murder-case-dustin.html 

Amanda Bach Murder Case - Videos 
http://michiganoidv.blogspot.com/2011/09/in-amanda-bach-murder-case-videos.html