Anthony Carter
What was scheduled as a change of plea hearing for an accused killer turned into something else in Bartholomew Superior Court 1.
Anthony W. Carter, 50, of Indianapolis is charged with murder in the death of 40-year-old Ashley E. Neville. She was killed on April 16, 2023, inside her home along County Road 650S, northeast of Azalia, with her cause of death ruled as a gunshot wound to the head.
On Dec. 2, a notice was filed with the court stating that Carter was planning to use an insanity defense. Judge James Worton ordered that the defendant be examined by clinical psychologists Kevin Hurley and George Parker. Parker’s evaluation was filed April 11 while Hurley’s report was submitted May 1.
Both reports will remain confidential and become part of a pre-sentence investigation if Carter changes his plea or is found guilty in a trial.
Legal precedent in Indiana states that such expert testimony is just an opinion, and not conclusive in any way. It is provided as an advisory to assist the jury or judge in determining an individual’s sanity. Those opinions should be considered in totality with other evidence, according to state statutes.
When a insanity defense is used, the defense has the responsibility to prove by a preponderance of the evidence that the defendant suffers from a mental defect that rendered them unable to appreciate the wrongfulness of their conduct at the time of the offense, the statutes state.
Substituting for Worton Monday, Senior Judge Chris Monroe began the hearing by stating he had just received a note from Carter asking for an emergency attorney status hearing.
When questioned by Monroe, Carter first said he was unhappy with public defender Greg Long because there was no attorney-client communication. But a few moments later, Carter said he and Long had talked since he wrote the note and he was no longer seeking another public defender.
When Monroe asked Carter how he wanted to move forward with the case, the defendant said he still wanted a delay “to see if the plans we made were going to come forward.”
In response, the senior judge told Carter that if he asks for a new attorney again, he will need to cite grounds that satisfies the court. In addition, Monroe warned that if the defendant asks for a new attorney shortly before the trial, “the delay will be attributable to you.”
Monroe scheduled a new change of plea hearing or pre-trial conference for 9:30 a.m. on Sept. 23. A jury trial for Carter is tentatively set for 8:30 a.m. on Oct. 22.
After the murder was discovered, Carter told investigators a small pistol fired and struck the victim while he was attempting to grab it away from her, according to a probable cause affidavit. Then, Carter told detectives he “wanted to end her suffering” by putting a plastic bag around Neville’s head and using duct tape to secure it. The defendant said he then placed his hand over the victim’s mouth to smother her, the court documents stated.
There was a no contact order intended to keep Carter – Neville’s former live-in boyfriend – away from Neville at the time of the murder, the affidavit states.
