Judge to consider change-of-venue request in Boards case

Sep. 30—ANDERSON — Madison Circuit Court Division 3 Judge Andrew Hopper will consider a request to relocate the trial in the death penalty case of Carl Roy Webb Boards II.

Boards, 42, is accused of fatally shooting Elwood Police Officer Noah Shahnavaz, 24, through the windshield of his police cruiser early on July 31 near Elwood.

He is charged with murder, two counts of resisting law enforcement, and unlawful possession of a firearm by a convicted felon. The firearm possession charge carries an enhancement as Boards is considered a habitual offender.

Boards' attorney Joe Duepner Friday noted a heightened presence of law enforcement outside the Madison County Government Center and the fact that seven armed officers were in the courtroom.

"I don't know if this is a display of intimidation, support for a fallen officer or for my client's safety," he said.

Duepner noted the funeral procession route for Shahnavaz was reported as 77 miles long and wound through most of Madison County.

He said Elwood has a population of 8,400 and described it as a community where "everyone knows each other." Duepner noted that Elwood residents would likely be included in the jury pool.

Duepner said The Herald Bulletin published Boards' criminal history, which would not be admissible during a trial.

He said the prosecutor's office has suggested bringing in jurors from another county for the trial.

"We request a change of venue, change of judge and a list of counties we can choose from," Duepner said.

Chief Deputy Prosecutor Andrew Hanna said the funeral procession went largely through rural areas of Madison County and concluded in Marion County.

He said Shahnavaz had been a police officer for about a year, and many Elwood residents wouldn't have known him.

"Elwood represents 1/13 of the population of Madison County," Hanna said.

He said the prosecutor's office didn't object to seating a jury from another county.

Hanna said the pretrial questionnaire sent to prospective jurors would determine if they were aware of the case and had formed an opinion.

Hopper gave the Madison County Prosecutor's office 10 days to respond to evidence presented by the defense concerning the change of venue motion.

Hopper did deny a motion made by the Madison County Sheriff's Department to transfer Boards from the Hamilton County Jail, where he has been detained since his arrest, to the Indiana Department of Correction.

Hopper said that could change in the future.

"The primary concern is the safety of Boards," he said.

Just after 2 a.m. on July 31, Shahnavaz stopped a 2012 Buick LaCrosse near the intersection of Indiana 37 and County Road 1100 North. Police have not provided a reason for the traffic stop.

Officers from Elwood and Madison County found the wounded Shahnavaz and administered lifesaving measures until medical personnel arrived.

Shahnavaz was taken by ambulance to Ascension St. Vincent Mercy Hospital in Elwood and later flown by helicopter to an Indianapolis-area hospital, where he died.

Just after 2:30 a.m., Hamilton County officers located the Buick and attempted a traffic stop. The Buick continued southbound on Indiana 37. Hamilton County sheriff's deputies pursued the Buick and deployed a tire-deflation device near the area of Indiana 37 and 146th Street.

The Buick continued southbound on Indiana 37 toward Interstate 69. While on I-69, Fishers police employed two precision immobilization techniques. After the second attempt, the Buick struck a median barrier wall.

Officers took Boards into custody without further incident.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.