Judge declares mistrial on four counts in Stinson Avenue death, rape and kidnapping trial

EVANSVILLE — After almost 12 hours of deliberation, jurors said late Wednesday night they could not reach a unanimous decision to convict Heidi Kathleen Carter of the most serious charges she faced in connection with a reported 2021 homicide, rape and kidnapping on Evansville's West Side.

Out of five counts, which included charges of aiding, inducing, or causing rape and criminal confinement, jurors only found Carter guilty of carrying a handgun without a license, a misdemeanor.

Vanderburgh County Circuit Court Judge David Kiely asked the jury foreman just after 9:45 p.m. if he felt additional deliberation would be beneficial.

"I do not think that would be helpful," the jury foreman responded.

The other jurors agreed — they were deadlocked.

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Vanderburgh County Deputy Prosecuting Attorney Emily Hall and Carter's defense attorney, Barry Blackard, presented their closing arguments Wednesday morning, the third day of the trial. Jurors receded into the deliberation room around 10:20 a.m. to review more than 100 pieces of evidence and consider hours of witness testimony.

Prosecutors had hoped to secure convictions on two counts of aiding, inducing or causing rape, a Level 1 felony, two counts of criminal confinement, a Level 3 felony, and the firearms charge. Initially, prosecutors charged Carter with felony murder and rape, but those charges were dismissed before the trial began.

Evansville police arrested 37-year-old Carter after multiple law enforcement agencies surrounded a Stinson Avenue residence Oct. 19, 2021. Inside, police allegedly found a severely beaten woman tied to a bed and the lifeless body of 50-year-old Timothy Scott Ivy.

Day 2: Trial: Heidi Carter will not testify, prosecutors and defense rest case

Police accused Carter's ex-boyfriend, Carrey Hammond, of choking Ivy to death and repeatedly raping Ivy's girlfriend after he discovered them having consensual sex with Carter.

Prosecutors and Ivy's girlfriend told jurors Carter aided Hammond throughout the crime.

Carter peacefully surrendered to authorities as they surrounded the home, but Hammond was shot and killed by police after he refused to drop what appeared to be a firearm. It turned out to be an object twisted into the shape of gun. Police believe he committed suicide-by-cop.

Prosecutors and Carter's defense attorney will meet Dec. 9 at 9:30 a.m. to discuss a potential second trial and her sentence for the firearms charge, Kiely said. Until that date, Carter will remain in custody pursuant to the conditions of her bond.

Testimony sought to show Carter's culpability

Ivy's girlfriend told jurors Monday that what began as an internet hookup between Carter, herself and Ivy unexpectedly devolved into gruesome violence when Hammond arrived at the Stinson Avenue residence.

Hammond, according to the woman's testimony, rushed into the bedroom and began beating Ivy "all over" with a baseball bat. Hammond then turned the bat onto her.

"It was the worst pain that I've ever had," the girlfriend told jurors. "Sheer, blinding pain."

Day 1: Survivor in death, rape, kidnapping case describes 'sheer, blinding pain,' gruesome scene

Ivy was then restrained with duct tape, according to his girlfriend. It took "more than one person" to restrain him, but she could not recall "who did what." She was sure, however, that Carter assisted him.

She also said Carter held her at gunpoint while Hammond raped her, at times encouraging him during the assault.

The woman lay tied to a bed for hours while Ivy was restrained with duct tape. Ivy was badly injured and began to get "louder and louder" as time went on, she told jurors. Hammond eventually killed Ivy and rolled his lifeless body into a rug, the girlfriend testified.

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She would ultimately be rescued by a Vanderburgh County Sheriff's Deputy after a woman visiting the Stinson Avenue residence discovered Ivy's body and heard his girlfriend's cries for help.

Key evidence ruled inadmissible Tuesday

While prosecutor Hall questioned Evansville Police Department Detective Steven Toney Tuesday afternoon, she approached the witness stand with a stack of documents — more than 600 pages of Carter's and Hammond's Facebook correspondence.

Toney said he compiled the messages from more than 27,000 records Facebook produced in response to a subpoena. Facebook certified the authenticity of the records it delivered, but prosecutors lacked certifications showing Toney accurately transcribed and compiled the new, shortened version.

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Despite repeated pushback from Hall, judge Kiely sustained an objection lodged by Carter's defense attorney, who argued the records contained prejudicial and irrelevant information.

Kiely also questioned whether the Facebook certification covered the shortened and manually compiled document Toney produced.

"There's prejudicial information in what's prepared," Kiely said. "There's no certification that it is accurate. I'm not going to permit it."

The state rested its case earlier than it had planned just minutes after Kiely issued his ruling.

What comes next

Kiely excused the jury late Wednesday night after he determined additional deliberation would not overcome the deadlock. Jurors who had questions about the outcome of the trial were allowed to ask Kiely questions in private.

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Blackard told the Courier & Press "this was not the result we were hoping for."

He commended jurors for sticking it out through nearly 12 hours of deliberations and said the state will have to decide if it would like to try his client a second time "for crimes another person committed."

Vanderburgh County prosecutors declined to speak with repon the outcome of the trial as they exited the courtroom.

Houston Harwood can be contacted at walter.harwood@courierpress.com with story ideas and questions. Twitter: @houston_whh.

This article originally appeared on Evansville Courier & Press: Judge declares mistrial on four counts in Evansville Heidi Carter case