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Friday, October 09, 2009

Ind. Courts - More on: Protective orders by themselves are no panacea

This ILB entry from June 28th quoted at length from an Indianapolis Star story by Francesca Jarosz headed: "3 domestic violence deaths prompt questions of what can be done." Some quotes from the original story:

For Angela Warnock, getting a protective order against her abusive husband was a huge step toward freedom.

In the weeks after she obtained it May 27, her friends noted the typically soft-spoken woman was more open to talking about her problems.

But her fatal stabbing June 21 -- a few days before she was to move to Hawaii with her daughters -- highlights a grim reality: Protective orders can't save those whose abusers intend to kill. In cases such as Warnock's, experts say, preventing such a tragedy requires drastic steps.

"A protective order is just not enough. Going to a friend's house is not enough. You need a shelter," said Ann DeLaney, executive director of the Julian Center in Indianapolis.

Police say Warnock's husband, Joseph Warnock, entered her Brownsburg home on Father's Day and stabbed her multiple times. Their daughters, ages 8 and 12, were present. He has been charged with murder.

The death of Warnock, 38, a devoted mother and hairstylist whom friends remembered for her empathy and thoughtfulness, was the third domestic violence fatality in less than two months in the Indianapolis metro area.

In all three cases, the women recently had broken away from their husbands. Experts say this is a point at which victims are at the greatest risk, because abusers think they are losing control.

Today Bruce C. Smith of the Star has this story - some quotes:
DANVILLE -- A Hendricks County judge today sentenced Joseph Warnock to a 55-year prison sentence for the murder of his estranged wife.

Judge Robert Freese accepted a plea agreement that Warnock's attorneys reached with prosecutors in September. * * *

Warnock will not be eligible for parole or a pardon, but under "good time'' rules could be released from prison after serving about half of his sentence.

Six members of Angela Warnock's family testified for nearly an hour, calling Joseph Warnock a cold-blooded killer who ruined their lives. * * *

Four days before her death, Angela Warnock received a protective court order to try to keep her husband away from their daughters and the family home. In a court hearing, she described him as addicted to drugs and alcohol.

He swore in the same court hearing that he would never hurt her.

Stephen J. Johnson, executive director of the Indiana Prosecuting Attorneys Council, said 55 years is probably close to the standard prison term in similar cases, given Warnock's expressions of remorse and lack of criminal history. Indiana law identifies specific circumstances that would allow for a longer sentence after a murder conviction, but none of them was established in this case.

Bills have been introduced in the Indiana General Assembly to add domestic violence as an aggravating factor in a murder sentence, but none has been passed.

In Hendricks County, three recent domestic violence deaths have raised concerns. The deaths led county leaders to look into creating a task force to review previous deaths and report to state agencies that track statewide trends in domestic violence. Also, government and community leaders decided to revive the long-dormant Hendricks County Coalition Against Domestic Violence.

Posted by Marcia Oddi on October 9, 2009 01:58 PM
Posted to Indiana Courts