Richard M Allen was arrested on Friday, October 28, 2022 in connection with the murders of Libby German and Abby Williams. Allen was booked into the Carroll County Jail and was then transferred to a state facility for his safety.
At this time, no charges have been filed. Charges will likely be filed on Monday morning and announced at the 10am press conference.
Despite circulating rumors, it’s very common for a suspect to be arrested pending charges. This is a complex case with many facets. It’s highly probable that many infractions took place leading up to the homicides, during the murders and afterwards.
The death penalty does exist in Indiana however, the prosecutor must be able to prove that a murder was committed with at least one of 18 aggravated circumstances as detailed by Indiana’s Death Penalty Statute IC 35-50-2-9.
“Aggravated Circumstances” necessary to seek the Death Penalty are detailed here – https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-50-2-9.html
Indiana’s Death Penalty can be reviewed here – https://www.in.gov/ipdc/files/Facts-about-the-death-penalty.pdf
In Indiana, there are no First and Second Degree murder charges. There is only Murder, Voluntary Manslaughter and Involuntary Manslaughter.
Murder in Indiana is defined as the planned killing of one person by another person with malice.
Malice must be proven and it must describe the state of mind of the person charged in the killing. There are five categories in proving malice:
- Intent to kill
- Determination to cause great bodily harm
- Intent to commit a dangerous felony
- Committed to resist lawful arrest
- Determined to commit an act regardless if it results in the death of another person.
If malice cannot be proven then prosecutors will seek a Voluntary Manslaughter charge. Voluntary Manslaughter means that someone was intentionally killed, but there was no previous intent to do so. No premeditation. No malice. These are often “heat of passion” crimes, when one becomes caught up in the emotions of the moment.
In Indiana, Voluntary Manslaughter is punishable by 10-30 years behind bars and up to $10,000 in fines
Possible murder defenses include:
- Intoxication. In many cases, high levels of intoxication have been enough to downgrade murder charges to those with less stiff penalties.
- Insanity. The key to this defense is proving you did not mentally understand your behavior was wrong when the killing occurred.
- Lack of intent. For example, someone is shot because they were mistaken for an intruder entering the home late at night.
- Self-defense. A new law in Indiana gives people the right to defend themselves without fear of criminal penalties.
Was there a sexual assault and what types of charges are possible?
Indiana Code Title 35, Article 42, Chapter 4: Sex Crimes
What is Prohibited?
It’s illegal to rape or have oral, anal, or vaginal sex or penetrate the genitals or anus of another with an object by force, threat of force, or while the person was incapacitated due to mental disability or unconsciousness. Rape is a Level 3 felony, unless aggravating factors are present, namely the use of deadly force or weapon, causing serious bodily injury, or using date rape drugs. Aggravated rape is a Level 1 felony.
Also, sexual battery or touching another person to sexually arouse yourself or the victim by force, threat of force, or when the person is mentally disabled so consent for the touching can’t be given. Sexual battery is also touching a person’s genitals, buttocks, or female breasts when the person is unaware the touching occurred. Aggravating factors for sexual battery are the same for rape. Sexual battery is a level 6 felony or a Level 4 felony if aggravated.
For prohibited sexual contact with 14 or 15 year olds, Indiana has a sexual misconduct with a minorlaw:
- When a person 18-20 years old has sex or sexual conduct with a child 14 or 15 years old, it’s a Level 5 Felony. If aggravating factors are present, it’s a Level 1 felony.
- If the conduct is only fondling or sexual touching, it’s a Level 6 felony. If aggravating factors exists, it’s a level 2 felony.
- When a person 21 or older has sex or sexual conduct with a child 14 or 15 years old, it’s a Level 4 Felony. If aggravating factors are present, it’s a Level 1 felony.
- If the conduct is only fondly or sexual touching, it’s a Level 5 felony.
Being that there is a recording of the suspect, allegedly Richard Allen, ordering Abby and Libby to ‘go down the hill’, we can expect that Kidnapping charges may be filed. In Indiana, moving a person against their will from one place to another is kidnapping. If a weapon was involved or if the kidnapping involves death or if the victim is under the age of 14, that would carry a stiffer charge.
Indiana Code in regards to kidnapping:
Kidnapping Offenses
Level 6 Kidnapping: Knowingly and intentionally removes an individual by fraud, enticement, force, or threat of force, from one place to another.
Penalty: Incarceration of up to 2.5 years, fine of up to $10,000
Level 5 Kidnapping: Kidnapping is upgraded to Level 5 if:
- The removed person is less than 14 and is not the perpetrator’s child;
- It’s committed by using a vehicle; or
- It results in bodily injury to anyone other than the perpetrator.
Penalty: Incarceration of 1-6 years, fine of up to $10,000.
Level 3 Kidnapping: When the kidnapping includes the following elements:
- Committed while armed with a deadly weapon;
- Results in serious bodily injury to anyone other than the perpetrator; or
- Committed on an aircraft.
Penalty: Incarceration of 3-16 years, fine of up to $10,000.
Level 2 Kidnapping: When the kidnapping includes the following elements:
- With the intent to obtain ransom;
- While hijacking a vehicle;
- With the intent to obtain the release, or intent to help with the escape, of any person from lawful incarceration; or
- With the intent to use the person removed person as a human shield or hostage.
Penalty: Incarceration of 10-30 years, fine of up to $10,000.
Investigators have stated that this was a particularly heinous crime. Former Carroll County Prosecutor, Robert Ives, stated that there were are least three ‘signatures’ at the scene. It’s possible that one of these signatures included abuse of the body after death. In Indiana, there are Abuse of Corpse charges.
IC 35-45-11-2 Abuse of corpse
Sec. 2. A person who knowingly or intentionally:
(1) mutilates a corpse;
(2) has sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) with the corpse; or
(3) opens a casket with the intent to commit an act described in subdivision (1) or (2) commits abuse of a corpse, a Level 6 felony.
While we’ve discussed the primary charges likely, there certainly may be others. In most states it’s a crime to move or conceal a body or to abandon a body. It’s been said that the bodies of Abby and Libby were moved, staged and partly concealed after the homicides. Charges may reflect these actions.
There may be charges in relation to Libby’s cell phone if it was taken from Libby, from the scene or if it was tampered with.
It’s possible the killer entered Ron Logan’s outbuilding without consent. He may have washed up, changed clothing, etc. This could lead to trespassing, breaking and entering charges.
What did the killer do after he left the scene? Had he taken photos or video and did he share these items? Did he create or use a fraudulent social media account to catfish one or both girls? Did he ask for nude photos or did he send any? Did he intimidate witnesses?
There is a long list of potential crimes committed and prosecutors will thoroughly review the case for any potential charges. Charges can be brought against a suspect as more information is obtained throughout the course of the investigation.
Updates will be added as charges are announced!
What charges do you expect to see? Comment below.
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