For obvious reasons and scenarios, security in our courtrooms is not something to be taken lightly. We were again reminded of that last week when convicted murderer Tyrice Halliburton — after learning his recommended sentence would be life without parole — briefly escaped the custody of Elkhart County police.
While Halliburton never managed to exit the Elkhart County Courthouse in downtown Goshen and was recaptured within a matter of minutes, three officers were injured during the scuffle and chase. This entire event, which occurred around 6 p.m. on Thursday, begs the question: How does this happen?
For four days last week, Halliburton was on trial for his life. He was accused of the brutal murder of Bristol’s Sheena Kiska in early 2008. Court testimony revealed that Halliburton was burglarizing Kiska’s apartment when she returned unexpectedly. The jury concluded it was Halliburton who then stabbed Kiska to death. Kiska, her fiancé and two children were in the process of moving from the River Shores apartment complex because they had been burglarized before and had concerns about their safety.
In the courtroom during the four-day trial, Halliburton was not restrained by handcuffs or leg shackles. It is quite standard that defendants not be restrained during court proceedings as restraints might perpetuate the perception of guilt in the eyes of the jury.
Through the duration of the trial, police report, Halliburton was wearing a leg brace type of restraint. Halliburton was not wearing the brace at the time of his escape attempt, though, and police speculate that the mechanism may not have been working properly.
At 2:43 p.m. last Thursday, the jury announced its verdict of guilt for Halliburton. As Halliburton was exiting the courtroom he was heard to say, “I’m about ready to bug the (expletive) out.” He also struck the courtroom door, damaging it.
Three more hours of jury deliberations ensued regarding a recommended sentence for Halliburton. Before the jury recommendation was announced inside the courtroom, officers requested that Judge Terry Shewmaker allow them to use restraints on Halliburton in the courtroom. The judge declined. He even asked Halliburton if he could behave. “Yes,” Halliburton replied.
Later that day, Halliburton was on the run.
Shewmaker’s trust in Halliburton’s word was taken advantage of, three officers were injured and the safety of every single person in that courthouse was compromised. It is clear to us due to legal precedent that Shewmaker should only authorize visible restraints in his courtroom if there is a legitimate risk of flight or physical harm. It seems that risk was both verbalized and demonstrated by Halliburton following the jury’s guilty verdict. It is not clear to us how restraining Halliburton after he was convicted would have violated his rights.
Obviously this editorial has the benefit of hindsight and it is not meant in any way to degrade the complex responsibilities and reasonings of Judge Terry Shewmaker, a respected judge in this county and state. We trust the appropriate lessons will be gleaned from Halliburton’s act of selfish desperation and that we can be safer because of it.
Opinion
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