Change of Venue Sought in Fatal Ind. Fire

April 18, 2014
Three people were killed in the Evansville fire last month.

April 18--A defense attorney is asking that all but one of the arson charges be dropped against an Evansville man accused of starting a fatal fire in a West Franklin Street apartment house.

Public defender Jon Schaefer also is seeking to move Christopher R. Compton's case out of Vanderburgh County to avoid the effects of media coverage and public hostility.

The motions were filed Thursday in Vanderburgh County Superior Court. A hearing on them was set for 2:30 p.m. May 2.

Compton, 31, is charged with three counts of felony murder and 10 counts of arson causing bodily injury.

The March 17 fire at 29 W. Franklin Street killed three people -- Keri A. Jones, 28; her daughter, Jazmine M. Jones, 3; and Donald Lankford, 76 -- and injured 10 others, including Jazmine Jone's twin sister, Sierah N. Jones, and six firefighters.

Vanderburgh County Prosecutor Nicholas Hermann has filed his intention to seek a life without parole sentence if Compton is convicted.

Schaefer could not be reached for comment Thursday. His motion argued that there should only be one arson charge since the injuries resulted from a single fire. He cited a 2006 Indiana Supreme Court ruling to that affect.

In his motion, Schaefer noted that typically a judge will merge convictions into one count or order sentences to be served at the same time to avoid double jeopardy -- a constitutional principle forbidding a person from being charged more than once for the same crime.

However, Schaefer argued in his motion that those remedies wouldn't apply if Compton is convicted because the Indiana Supreme Court based its decision in the earlier case on state law and not the double jeopardy concept.

He also argued that the large number of charges could prejudice a jury.

Schaefer also filed a motion seeking approval to hire an investigator to help the defense prepare for the penalty phase of Compton's trial, should he be convicted.

In death penalty and life without parole cases, the jury is required to deliberate separately on what sentence to recommend to the judge.

Compton faces 45 to 65 years on each murder charge and 20 to 50 years on each of arson charge if not sentenced to life without parole. Prosecutors also have filed sentence enhancements that would add extra years to his sentences for each of his charges if he is convicted.

Prosecutors had not seen the defense motions until they were filed in court Thursday, but would file responses to them before the May 2 hearing, said Kyle Phernetton, spokesman for the Prosecutor's Office.

Copyright 2014 - Evansville Courier & Press, Ind.

Voice Your Opinion!

To join the conversation, and become an exclusive member of Firehouse, create an account today!