Debra Aynes

Debra Aynes

Friend: Woman’s ex a bit controlling, but not violent

Pendleton diner closes temporarily after shooting deaths

By Christina M. Wright The Herald Bulletin, July 31, 2010

PENDLETON — A woman allegedly shot by her ex-boyfriend — who then reportedly killed himself — had split with the man because she wanted to be her own person, said the woman’s best friend and business partner.

“I think she still cared for him and they were just growing apart,” Donna Cantrell said Saturday afternoon. “She had things that she wanted to for herself and her family.”

Pendleton police said in a news release that Robert Jones, 56, of Madison County, entered The Diner (sometimes called Deb & Donna’s) with a revolver and a semi-automatic handgun at about 5 a.m. Saturday. He confronted his ex-girlfriend, Debra Aynes, 51, co-owner of the place, then shot her before turning the gun on himself, the police said.

Cantrell briefly spoke Saturday afternoon about Aynes’ winning personality and her recent attempts to be a better grandmother.

She stood outside the taped-off diner as a crew from Aftermath Inc. worked inside the building and former employees comforted each other outside.

A bright-orange poster hung in the front window next to a painting of a grinning chef that read: “Closed until notice. We lost our beloved Deb today. We will miss you and remember you forever. Love you.”

“She had a natural energy,” Cantrell said, eyes glistening. “She was just full of energy.”

Cantrell said the best friends of 20 years worked at a declining restaurant 14 years ago and decided to open The Diner on customers’ suggestions. She said the two worked together well, and both loved the diner.

In fact, Cantrell said, the love for the business was why she believed Aynes couldn’t have thought Jones would become violent after their break-up. She said Saturday was Aynes’ first day back to work since leaving Jones on Wednesday.

“I know, if she felt like he was a danger, she wouldn’t have brought it to work,” Cantrell said. “She wouldn’t have brought it to the diner.”

Cantrell speculated that most employees and friends wouldn’t have thought Jones would be capable of what he’s alleged to have done Saturday, Cantrell said.

She said it was well-known that Jones spun tall-tales, but no one seemed to view him as dangerous. Cantrell said there was no previous domestic violence.

Friends, Cantrell said, recognized that Jones was a bit controlling, but not overly so.

“It wasn’t to the point that she couldn’t go anywhere,” Cantrell said. “It was just, he wanted her spare time to be his. ... And he was good at spinning ideas to where she thought they were hers.”

Cantrell said Saturday evening she would call Jones’ son to ask if he would like to comment on events, but the son had not contacted The Herald Bulletin by publication time.

It was the draw of spontaneity, freedom and, mostly, a relationship with the children of her three children that finally pushed Aynes to call her relationship quits after 25 years, Cantrell said.

“In getting her own business and getting her own way, I think she thought it was time,” Cantrell said, adding that Jones wasn’t comfortable around children and Aynes yearned to have her grandchildren spend the night with her.

Cantrell said Jones wanted Aynes to call off the breakup. She said the one waitress and one customer in the diner Saturday morning said they’d heard Aynes say, “I’ll come back home.”

The customer was a regular who often made it to the restaurant even before the waitresses and made coffee for Aynes, Cantrell said. She said the customer and waitress were “pretty shaken up.”

Co-owner Cantrell, who wasn’t at the business Saturday morning when the tragedy occurred, later found unfinished gravy in the kitchen, which told her Aynes had just gotten to work.

“Coming around the bend and seeing all the lights, it just made you realize it was true,” she said. “I was hoping it was somebody’s really sick joke.”

Cynthia Achenbach

Cynthia Achenbach

Man Killed Wife In Driveway

Kids In House At Time; Suspect Surrenders After 2-Hour Standoff

POSTED: 2:32 pm EDT April 23, 2008

ANDERSON, Ind. -- A man fatally shot his wife in his driveway while their children were nearby Wednesday, then engaged in a two-hour standoff with police at his Anderson home before surrendering, authorities said.

Investigators believe Michael Achenbach shot Cynthia Achenbach, 24, at about 12:30 p.m. outside his house in the 2000 block of Charles Street on Anderson's southeast side, authorities said.Someone called police, and officers found the woman's body in the driveway. She was taken to a hospital, where she was pronounced dead, police said.

Michael Achenbach's mother and brother and the couple's two children -- one of whom is 1 year old -- were at the home when the shooting happened, police said. His relatives took the children from the house after the shooting, police said.Officers surrounded the house, in which Michael Achenbach, 34, stayed alone for two hours, armed with a shotgun, authorities said.

Police were able to talk to Michael Achenbach by phone, and at about 2:55 p.m., he exited the house and lay down on the front lawn. Video from 6News' helicopter shows officers marching to the lawn and handcuffing him before leading him to a police car."He was on the line with our hostage negotiator right up until the point where he handcuffed him and put him under arrest," Anderson police Detective Joel Sandefur told 6News' Jennifer Carmack.

Michael Achenbach

Information on the other child's age wasn't immediately available.The shooting came more than two months after Michael Achenbach was arrested on suspicion of cutting his wife at Mounds Mall during an argument over a cell phone.

She had received a protective order against him last month and was not living at the Charles Street house when she was shot, police said.Michael Achenbach was charged with criminal confinement and battery in connection with the Feb. 8 incident and was awaiting a resolution to that case.

Achenbach was being held Wednesday evening in the Madison County jail on a murder charge, authorities said.

Fredericka J. Smith

Man Receives 55 years in Shooting Death of Ex-wife

March 12, 2009

ANDERSON — A 77-year-old Anderson man who pleaded guilty last month to killing his ex-wife has received what amounts to a life sentence, 55 years in prison.

Donald P. Johnson was sentenced in Madison Circuit Court Thursday morning before Judge Fredrick Spencer. On Feb. 18, Johnson pleaded guilty to murder in the shooting death of Fredericka J. Smith on May 21, 2008.  The charge carries 45 to 65 years in prison.

Madison County Deputy Prosecutor Pat Ragains argued aggravating circumstances, including Smith’s age (67) and the presence of two young children in the house at the time of the crime, and asked for the maximum. Defense attorney Angela Warner Sims, meanwhile, said Johnson’s lack of criminal history, his age and his guilty plea should be considered mitigating circumstances and asked for the minimum.

“Everyone knows the reality is that it doesn’t matter what the court decides,” Sims said. “Given Mr. Johnson’s age and health, any sentence is a life sentence.”

Sims said her client has not expressed a desire to appeal the sentence.

Johnson entered the courtroom at 10 a.m. in a green-and-white jumpsuit, the same type he wore for his plea hearing, although he looked less disheveled, his white hair and beard neatly trimmed. He clutched a brown paper bag containing personal effects and was seated in the jury box until the hearing began at 10:15 a.m.

After she and Johnson divorced, Smith had a long-term domestic relationship with James Walton, who asked to address the court.

“We were together two weeks past 21 years,” Walton said. “During those 21 years, not a day went by that she didn’t help someone.”

He said Smith offered Johnson a place to live, the house at 808 Nichol Ave. where the shooting took place, when he was near homelessness.

“When he committed this crime, when he shot and killed her, he did it for no reason,” Walton said. “I can’t understand why he did it. He was in no danger from her. She was the kindest, most considerate person I ever met. I ask that the court show him no lenience.”

Johnson, who is hard of hearing and admitted he could not understand Walton, offered an apology in which talked of an incident involving a bed more than 20 years ago and compared his situation to that of Gerald O’Hara in “Gone With The Wind.” People close to Smith referred to her by her middle name, Johanna, or just Hanna.

“As far as Hanna’s concerned, I’m real sorry,” Johnson said. “It’s like ‘Gone With the Wind’ when Mr. O’Hara lost his mind and went chasing a carpetbagger and he said he had to ask Mrs. O’Hara, who was a corpse at that time.”

Spencer previously denied a request by Johnson’s original defense attorney, Robert Cowles, for a psychological evaluation. Ragains said Johnson appeared “lucid” and mentally sound when questioned by investigators.

Ragains said Smith’s age and the violence of the crime were both aggravating circumstances under state statute. The presence of the children, ages 12 and 7 and already “mentally disturbed,” and the “heinous” nature of the crime were not statutory.

“This act is particularly heinous,” Ragains said. “There was no reason whatsoever for this woman to be shot. Despite the fact that this is an old man, the aggravating factors far outweigh the mitigating factors and the state would ask for the maximum sentence.”

Judge Spencer dealt the recommended sentence of 55 years. He said Johnson’s apology to the family was his first such gesture in the 10 months of court proceedings.

“I think the maximum is reserved for particularly ugly crimes permitted by particularly ugly people,” Spencer said. “You don’t have a bad record and I don’t believe you deserve the maximum sentence.

“I want you to go to a facility where you can get ongoing medical attention. You’ll still be inside a prison, you’ll still be inside the walls, but you don’t need to be in Michigan City or Westville or Wabash Valley.”

That decision will be at the discretion of the Indiana Department of Correction.

Kristina M. Lamberson

Elwood man kills wife, self

March 3, 2008

An estranged Elwood couple is dead after a man gunned down his wife late Sunday and then turned the weapon on himself, apparently while their 4-year-old daughter was in the home where the shootings took place.

Marian Dunnichay, Madison County chief deputy coroner, said 26-year-old Kristina M. Lamberson died of a single gunshot wound to the head. Her death has been ruled a homicide. Dunnichay ruled the death of Robert W. Lamberson, 26, a suicide, also caused by a single gunshot wound to the head.

According to Elwood police, Kristina’s 4-year-old daughter called her aunt, April Thompson, shortly before 11:30 p.m. and told the woman her mother wasn’t responsive. Thompson then called 911, telling dispatchers the girl told her “her mommy needed help and that they needed to come right now,” according to a news release.

“She thought her mommy was dead and could not get her up,” Thompson also told dispatchers, according to the release.

When police arrived at Kristina’s apartment at 1647 Main St. they immediately smelled gunpowder, and quickly discovered the two dead in a bedroom. Robert was lying dead on the floor with a shotgun underneath him. Kristina was found dead next to the bed.

Initially, the 4-year-old girl couldn’t get the apartment’s door open, and officers had to force their way inside. The girl was not injured, and is being cared for by relatives.

“The little girl was smart, God love her,” Police Chief Jack Miller said Monday.

Miller said the apartment where the shooting took place was Kristina’s apartment. Robert had been staying at a home in the 2200 block of South B Street.

Dunnichay said a limited autopsy was performed on the two Monday at Ball Memorial Hospital in Muncie. Funeral arrangements are pending.

Court records revealed that Kristina and Robert shared a short, unhappy marriage.

The couple married Aug. 23, but separated the day after Christmas. Kristina, who also has an 8-year-old son, filed for divorce Jan. 15, two days after Elwood police arrested the couple near the intersection of Main and Anderson streets on misdemeanor public intoxication charges.

According to the probable cause affidavit in that case:

At about 12:30 a.m. on Jan. 13, Officer Andy McGuire found the couple arguing near the intersection of Main and Anderson. Both smelled of alcohol and were given a portable breath analysis test. The test determined both were above Indiana’s legal limit of 0.08 percent.

While McGuire was arresting Robert, he yelled that Kristina had pills in her back pocket. McGuire found two hydrocodone pills on Kristina. She admitted she didn’t have a prescription for the pain medication, but said Robert had given them to her. Kristina was also charged with possession of a controlled substance, a Class D felony.

What the couple had been arguing about at the time of their arrest wasn’t included in the affidavit. But according to a restraining order Kristina got against Robert the same day she filed for divorce, the two had been arguing at Sam’s Wonder Bar the day before they were arrested. Robert had threatened to hurt Kristina, and used vulgarities to describe her children.

It wasn’t the first time he verbally abused her, according to the restraining order. On Dec. 22 along South B Street, Robert cursed at Kristina and pushed her into some mud. On New Year’s Eve, also at Sam’s Wonder Bar, Robert spit in Kristina’s face.

The restraining order, issued through Madison Superior Court 1, was in effect when he called Kristina’s cell phone several times recently and left messages. Elwood police arrested him for invasion of privacy, a Class A misdemeanor, at about 6:30 a.m. Saturday, for violating the restraining order. Kristina contacted police and an officer recognized Robert’s voice on a message, Miller said.

Robert was allowed to post 10 percent of his $3,000 bond, signed a no-contact order and was released from a holding cell at the Elwood Police Department at about 11:30 a.m. Saturday, Miller said.

On Monday, Elwood City Court Judge Kyle Noone said Elwood police should have waited 24 hours to release Robert, even though he had enough money to post bond.

Under Noone’s standing court order, anyone arrested on suspicion of committing a crime involving a domestic partner is to be held for a day so they can cool off. The crimes include domestic battery, intimidation, criminal recklessness and invasion of privacy, among others.

Miller said his department didn’t violate Noone’s standing order. He said it didn’t fall under the court’s order because the original restraining order was filed in Madison Superior Court 1, and not Elwood City Court.

Noone said that because the invasion of privacy charge was filed in his court, the standing order requiring the 24-hour hold applied.

“I expect every law enforcement agency to follow my standing order,” Noone said.

Amanda Brinker

Amanda Brinker

Brinker, 14, Died of Blows to Back of Head

Police still don’t know motive for attack

September 22, 2007

The Madison County Coroner’s Office has officially ruled the death of 14-year-old Amanda Brinker a homicide, and the lead detective in the case said the girl was struck multiple times in the back of the head with a vehicle’s jack handle.

The Madison Count Prosecutor’s Office has asked for an extra three days to file a formal murder charge against Jesse Lee Pitts, 20, of Anderson.

Pitts, who is being held in the Madison County Jail without bond, made an initial court appearance on Friday, where Madison County Magistrate Stephen Clase read the allegations police laid out in a probable cause affidavit against him.

“Do you understand how serious this is?” Clase asked Pitts, who was dressed in a black-and-white jail jumpsuit.

“Yes,” he replied.

Pitts was soft-spoken during the brief court hearing, answering Clase in single-syllable words with his hands resting on his lap. Clase gave the prosecutor’s office until Wednesday to file the formal murder count.

According to court documents and investigators, officers received a 911 call, purportedly from Pitts, saying he had found a body floating face down in the White River at Edgewater Park off 10th Street. Along the riverbank, police found Brinker’s body, which bore severe injuries to the back of the head. Detectives found her purse and Anderson High School identification card inside a trash barrel nearby. There was blood splatter on the nearby grass and leaves along the walkway next to the river.

Detectives became suspicious of the 911 call because the body had been covered and wouldn’t have easily been seen by passers-by, police said Thursday. Investigators got a search warrant for Pitts’ home in the 1600 block of Southwood Road and found a bloody shirt inside a plastic trash bag. In a car Pitts borrowed from a roommate, they found the jack handle with hair and hair follicles on it, according to court documents.

One of Pitts’ roommates, Jennifer Lawler, told investigators that Brinker, of the 2900 block of Helms Road, called Pitts before school Thursday. Pitts borrowed Lawler’s 1993 Chevrolet Cavalier and picked Brinker up at her bus stop, several AHS students told detectives.

Pitts told detectives during questioning that he and Brinker drove to Edgewater Park. The two were walking down one of the park’s paved trails smoking marijuana when Pitts hit Brinker in the back of the head with the jack handle that he carries in his car “for protection,” according to the affidavit. Pitts said he threw Amanda down from the top of a White River riverbank, and she must have then rolled partially into the river.

Detective Terry Sollars, the lead investigator in the case, said Friday that police interviewed Pitts several times Thursday over a 7-9-hour period. He said Pitts struck Brinker multiple times in the back of the head.

Sollars said that after killing Brinker, Pitts drove back to his Southwood home and told his live-in girlfriend, 20-year-old Barbara Howard, that Brinker was hurt. The couple then went back to the park for a short period of time and returned home, where Pitts called 911.

Pitts gave investigators several different accounts of what happened, Sollars said. At one point, Pitts claimed a stranger came up behind him and Brinker as they were walking and attacked them. Pitts fled, but he saw the stranger knock Brinker to the ground.

Ultimately, however, he admitted what happened, Sollars said, but still hasn’t been completely forthcoming.

“He cooperated to his degree, but not to ours,” the detective said.

Sollars said Howard could also face charges for not being fully cooperative with investigators, but that is still under investigation. When police questioned Pitts and Howard, it “brought more questions than answers (as) to how they actually located the body,” according to Sollars’ affidavit.

“I don’t think she understood the impact until she saw the body by the river herself,” Sollars said Friday.

He said Pitts still has not told investigators why he killed Brinker.

“Robbery certainly wouldn’t have been a motive, because she only would have had a few dollars for lunch or something,” he said.

Sollars said Pitts and Brinker met through mutual friends and had known each other “a few months.” He said the exact nature of the relationship wasn’t immediately known, but it was apparently strong enough that Brinker could call Pitts up early in the morning, and he would get out of bed to meet her.

“I don’t know what that means,” Sollars said.

Attempts to reach Brinker’s family were unsuccessful on Friday.

A man who identified himself as “James” during a phone call to Pitts’ residence said Howard didn’t want to talk and told a Herald Bulletin reporter to “lose this (phone) number.”

Camdon Adam Huffman

Premature Baby Dies After Mother was Beaten and Gave Birth

Dear Camdon Adam Huffman was born August 28, 2007, prematurely, and died after mother was severely beaten by boyfriend.  She was from Madison County, Indiana.

(No other information could be found).

John W. Ward

Woman charged with fatally shooting husband while he slept

December 23, 2006

ANDERSON, Ind. (AP) — Prosecutors have filed a murder charge against a woman accused of shooting her husband in his sleep. Kathy Jo Ward, 36, was being held without bond Saturday in the Madison County Jail. A not guilty plea was entered on her behalf Friday by a county magistrate.

Ward was arrested Monday after going to her parents' home and telling them she had killed her husband, 43-year-old John W. Ward, at their home in Pendleton, about 20 miles northeast of Indianapolis, police said. Documents filed by prosecutors Friday allege that Kathy Ward killed her husband hours after an argument in which he admitted drug use and infidelity and told her she should be checked for sexually transmitted diseases.

On Monday, the morning following the confrontation, Kathy Ward got a gun out of her car, went back inside and shot her husband while he slept, the documents allege. One of her attorneys, Bryan Williams, said Friday that additional details would emerge when the case went to trial.

UPDATE:

June 29, 2007

Ward guilty of voluntary manslaughter

Distress over a crumbling marriage and fear of a violent husband transformed Kathy Jo Ward from a responsible wife and mother into a killer.

A jury found Ward, 37, guilty of voluntary manslaughter Friday in the December 2006 shooting death of her husband, John W. Ward. Madison Circuit Court Judge Frederick Spencer has set sentencing at 8:30 a.m. Aug. 15.

The charge carries a mandatory sentence of 20 to 50 years in prison. Ward was originally charged with murder, which carries a sentence of 45 to 65 years.

Jurors returned the verdict Friday after more than three hours of deliberation. In a post-trial conference with attorneys on both sides, the jury cited “sudden heat” for making the offense less severe.

“Her frame of mind,” one juror responded, when asked his reason for the lesser charge, “the rage in her.”

The trial revealed a marriage in disarray. John Ward was actively looking for an apartment while his wife pursued a divorce. During an argument-filled weekend in which he smoked crack and spent nights away from home, Ward told his wife he never loved her and had been unfaithful.

The defense team of Bryan Williams and Jeffrey Lockwood said Ward feared for her safety; her husband was an “intimidator and a manipulator” who had previously used violence against women. They said Ward was experiencing a rush of emotion known as “sudden heat,” considered a mitigating factor in cases of wrongful death.

All along, however, the prosecution insisted Ward’s “knowingly and intentionally” killed her husband.

“The evidence will show that this was not sudden heat,” Madison County Deputy Prosecutor Patrick Ragains said in closing arguments. “What happened the night before, I believe the evidence will show, was over. She was a little late.”

Ward’s 15-year-old son, Michael, sobbed in the courtroom after the verdict was read.

“I just want my mom back,” he said, as his maternal grandfather and other family members comforted him.

With good behavior, Ward could spend less than 10 years in prison.

“The difference for her is that Michael will still be a young man when he gets out,” Bryan Williams said. “He won’t be a middle-aged man. She’ll be there for most of his life.”

Co-defender Jeffrey Lockwood said he was unsure whether the verdict would be appealed.

“It’s too early to say. We still have sentencing and the appeal could depend on that,” he said. “We also have to talk to (Ward) and determine whether she wants to pursue an appeal. Another lawyer may even represent her in that.”

During closing arguments, deputy prosecutor Ragains asked jurors to find Ward guilty of murder, saying her actions did not suggest sudden heat.

“He said a lot of hurtful things to her,” Ragains said. “Did she go down right away and get the gun? That’s consistent with sudden heat, consistent with involuntary manslaughter. That didn’t happen.”