Prosecutor Eric Hoffman said “At this point in time it is premature to make a decision one way or the other on whether I intend to seek the death penalty in this case. The investigation is ongoing. However, I can say that it is certainly still on the table.” It is important to remember that any accusation that someone has committed a crime, an arrest and/or the filing of a criminal charge is simply an allegation and is not evidence of guilt. All suspects are presumed innocent unless and until proven guilty beyond a reasonable doubt at trial. The ethical rules for prosecutors in Indiana prohibit further comment on this matter. At this time, there will be no further comment.
This is related to the triple murder in Muncie last week (see our previous coverage on WoofBoomNews.com.
Prosecuting Attorney Eric M. Hoffman formally charged Devin Xavier Myers (DOB 7/20/1994) with the following criminal offenses:
Count 1: Murder, a felony
Count 2: Murder, a felony
Count 3: Murder, a felony 1
Count 4: Murder, a felony
Count 5: Murder, a felony 1
Count 6: Armed Robbery, a Level 3 felony
Count 7: Criminal Confinement While Armed with a Deadly Weapon, a
Level 3 felony
Count 8: Conspiracy to Commit Robbery, a Level 3 felony
Count 9: Obstruction of Justice, a Level 6 felony
The Prosecuting Attorney has also alleged that that Myers is an habitual offender in that he has accumulated at least two (2) prior unrelated felony convictions.
* It is important to note that the State is not alleging that this defendant killed five (5) different people. Rather, State is alleging that the defendant killed 3 people. Counts 2 and 3 both charge the alleged murder of the same victim – Malcom Perdue and Counts 4 and 5 both charge the alleged murder of the same victim – Kyndra Skinner. The different counts simply charge two different sections of the murder statute. Counts 3 and 5 are commonly referred to as “felony murder” which is a killing that occurred during the commission or attempted commission of a certain felony offense.
Additionally Prosecutor Eric Hoffman formally charged Daniel L. Jones (DOB 3/17/1995) with the following criminal offenses:
Count 1: Murder, a felony
Count 2: Murder, a felony
Count 3: Aiding, Inducing, or Causing Armed Robbery, a Level 3
felony
Count 4: Criminal Confinement with a Deadly Weapon, a Level 3
felony
Count 5: Conspiracy to Commit Robbery, a Level 3 Felony
Count 6: Obstruction of Justice, a Level 6 Felony
Count 7: Resisting Law Enforcement, a Level 6 Felony
The Prosecuting Attorney has also alleged that that Myers is an habitual offender in that he has accumulated at least two (2) prior unrelated felony convictions.
The charges were filed and are pending in the Delaware Circuit Court No. 5. The Honorable Judge Thomas A. Cannon Jr. has set the case for an initial hearing for Wednesday July 20, 2022 at 2:00 p.m. Copies of the charging information and Affidavits of Probable Cause that were filed with the Court are attached. Judge Cannon has ordered that both defendants be held in custody without bail.
Pursuant to Indiana law:
Each count of murder is punishable by 45 – 65 years in prison and up to a $10,000 fine.
Each count of a Level 3 Felony is punishable by 3 – 16 years in prison and up to a $10,000 fine.
Each count of a Level 6 Felony is punishable by 6 months – 2.5 years in prison and up to a $10,000 fine.
The Habitual Offender Enhancement can add an additional 6 – 20 years to the total sentence.
