GOSHEN — Tyrice Halliburton maintains his innocence regarding the 2008 murder of Sheena Kiska.
A jury of 12, however, thought differently in April. As a result, the 31-year-old Halliburton will spend the rest of his life in jail without the possibility of parole.
Halliburton was sentenced Thursday morning in Elkhart County Circuit Court by Judge Terry Shewmaker.
Kiska, the 23-year-old mother of two, was found dead on March 18, 2008, in her Bristol apartment.
Halliburton, a neighbor at the time, was attempting to rob Kiska’s apartment for a second time in approximately a month, when Kiska returned and found him in the apartment. According to court testimony Halliburton then stabbed Kiska multiple times because he did not want to get caught.
“He had already terrorized the family during the previous burglary to the point that they were planning on moving, out of fear for her safety and her family’s,” Elkhart County Prosecutor Curtis Hill told the court.
The case brought about a piece of legislation called Sheena’s Law (House Bill 1073), which would allow tenants to break a lease if they were the victim of certain crimes while living in the rental unit. According to a Facebook page devoted to the law, Sheena wanted to move following the first robbery due to safety concerns, but was informed that in order to break the lease, she must pay three months rent. The bill was written by State Rep. Craig Fry, D-Mishawaka, and most recently presented during the 2010 legislative session. Sheena’s Law was approved in the House of Representatives by a vote of 92-2. It was not given a committee hearing in the Senate and failed to become law.
Halliburton’s demeanor was subdued Thursday, a far cry from the last time he was in Shewmaker’s courtroom. Following his conviction on April 19, Halliburton attempted to flee police custody after hearing the jury’s recommendation that he be sentenced to life in prison without parole. He broke away from officers before being captured a short time later in a lower-level room of the courthouse. Three officers suffered minor injuries during the scuffle.
Earlier that day Halliburton had kicked a courtroom door, breaking it in the process, and made a comment that he was “about ready to bug the f--- out.” Both Hill and Chief Public Defender Cliff Williams agreed that Halliburton should not be shackled, and Shewmaker decided not use restraints on Halliburton prior to his escape attempt. Halliburton’s hands and feet were shackled Thursday morning, and extra security was on hand to ensure a similar situation didn’t occur, and Halliburton did apologize for his actions that evening.
Williams told the court Thursday that Halliburton reportedly fell out of a second story window several years ago prior to the time the murder was committed, which led to brain damage.
“That’s not an excuse,” Williams said, “just a fact.”
Shewmaker said that may have been considered a mitigating circumstance, except for the fact that Halliburton has maintained his innocence throughout the course of proceedings.
“It would be one thing if you had admitted that you did it, then explained why based on this information, but you didn’t do that,” Shewmaker told Halliburton.
Hill told the court that due to the graphic and violent nature which the murder took place, spending the rest of his life in jail without parole was a necessary sentence.
“This was a vicious attack by a neighbor that was completely unwarranted,” Hill said. “He didn’t just kill her, he butchered her.”
Kiska’s mother Deborah provided testimony following sentencing. Kiska spoke about the impact the murder has had on her family, specifically her granddaughter (Sheena’s daughter) Natalie. Natalie was 5 years of age at the time (she is now 9) and found her mother dead at the scene. Natalie wrote a letter to Halliburton, which Deborah read.
“Why did you do it?” the letter said. “You took my mother away from me and my brother ... I wish you were never born.” Deborah said that Natalie signed the letter “I hate you.”
Deborah said that the memories from the incident still haunt Natalie to this day.
“She is tortured in her sleep,” Deborah said. “You tortured both her and her mother.”
Deborah said that while Halliburton will spend the rest of his life in jail, he has something that Natalie doesn’t — a mother.
“Your mother wanted mercy. She got what she wanted,” Deborah said. “She can still see you whenever she wants.”
Halliburton said that he will appeal the sentence.
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Life in prison for man who murdered Sheena Kiska
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