Delphi murder suspect remains in Westville prison until January trial

Ron Wilkins, Lafayette Journal & Courier
Updated ·4 min read
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DELPHI, Ind. — The suspected killer of Libby German and Abby Williams, Richard Allen, will stay at the Westville prison in the segregation unit until his trial next year.

Special Judge Frances Gull published an order Wednesday afternoon in response to arguments and evidence presented during a June 15 hearing on a motion to modify the safe-keeping order issued days after his arrest.

Allen's attorneys wanted him moved out of the Department of Corrections prison and into either the Cass or White County Jail until his trial.

In her Wednesday order, Gull wrote, "The Court, having had this matter under advisement following a hearing, and having considered the evidence and the arguments of Counsel, now finds as follows: Defendant is currently incarcerated in the Westville Correctional Facility under a ‘safekeeping order’ issued November 3, 2022.

Richard Allen's attorneys took this photo April 4, 2023, of the man accused of the Delphi killings of teenagers Libby German and Abby Williams. He appears to have lost a significant amount of weight in his five months in prison segregation. He appears to have spittle on his shirt under his chin. Allen exhibits what his attorneys describe as "schizophrenic and delusional."

"The Court Order states that the Court 'FINDS that Defendant is an inmate awaiting trial and is in imminent danger of serious bodily injury or death, or represents a substantial threat to the safety of others.'

"The evidence presented at the hearing on defendant's Motion to Reconsider did not support many of the allegations advanced by defendant counsel," Gull wrote. "In fact, the evidence presented demonstrated that the Defendant is treated more favorably than other inmates housed at the Westville Correctional Facility.

"In light of the evidence presented, the Court has reconsidered the original Safekeeping Order and finds it is reasonable and necessary to ensure the defendant's safety and to prevent serious bodily injury to himself. The Department of Correction has provided, and will continue to provide Defendant with the necessarily medical services, including any mental health services.

"If the Department of Correction believes a facility other than Westville is more appropriate, or more convenient for Counsel, the Court is confident that the Department of Correction will move the defendant accordingly."

Allen was arrested Oct. 26 and charged Oct. 28 with murder.

Prosecutors say that Allen killed Libby and Abby Feb. 13, 2017. He is alleged to have ordered the girls off the trial near the Monon High Bridge, walked them about a quarter of a mile east of the bridge, and killed the two teenagers on the north bank of the Deer Creek.

More: Court docket reveals how Delphi teens died, as well as witnesses' names

Searchers found the girls' bodies the next day, starting an investigation that took more than five years before Allen's arrest.

Based on tool markings, prosecutors said an unfired bullet found on the ground between the two girls was ejected from Allen's Glock semiautomatic pistol.

Witnesses described seeing a man on the trails east of Delphi the afternoon the girls were killed, according to prosecutors.

Allen admitted to being on the trails, but he denied killing 14-year-old Libby and 13-year-old Abby, according to the probable cause affidavit.

Unsealed documents last month included allegations made by Carroll County Prosecutor Nicholas McLeland that Allen admitted to killing the girls during an April 3 phone call to his wife.

"On April 3, 2023, Richard M. Allen made a phone call to his wife … . In that phone call, Richard M. Allen admitted several times that he killed Abby and Libby," McLeland wrote in an April 20 motion for leave of court to subpoena third-party records.

"Investigators had the phone call transcribed and the transcription confirms that Richard M. Allen admits that he committed the murders of Abigail Williams and Liberty German," McLeland wrote in the motion.

More: Richard Allen's attorneys say his jail conditions are 'akin to that of prisoner of war'

"He admits several times within the phone call that he committed the offenses as charged. His wife … ends the phone call abruptly," McLeland alleged in the filing.

Allen's attorneys argued June 15 that his mental health has deteriorated since his arrest and pretrial incarceration at the prison. In April, Allen's attorney described his prison cell and conditions, claiming Allen, 50, is poorly treated in prison.

An inmate's letter to Allen's attorney was filed with the court. In that letter, the inmate alleged Allen is mistreated by the inmates and guards. A second letter from an inmate was filed with the court on July 5. It has not yet been made public.

More: Inmate's allegations of abuse got the attention of Richard Allen's attorneys

Those arguments did not persuade Gull to move Allen to a county jail while he awaits trial.

Allen's trial is scheduled to begin Jan. 8 with jury selection in Allen County.

After the jury is selected, the trial will shift to Delphi, where the case can be tried in the community where the girls were killed.

More: Westville inmate claims 'corrupt officers' have mistreated Richard Allen

Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.

This article originally appeared on Lafayette Journal & Courier: Delphi murder suspect remains in Westville prison until January trial