OWENSVILLE — One of the four individuals charged in connection to the May 19 shooting in Owensville has filed a motion for a speedy trial in Gibson County Superior Court.
Elijah Rudd, Evansville, filed a motion for speedy trial July 22 according to local court records. Rudd is charged with Level 1 Felony attempted murder and Level 3 Felony robbery resulting in bodily injury.
Rudd last appeared in court June 18 via video from the Gibson County Jail, at which point a scheduled status hearing was continued to 9 a.m. Aug. 24. Court records show a notice of self defense was filed by Rudd that day.
Joe Garrett III, Princeton, is charged with robbery resulting in bodily injury and has a status conference set for Aug. 12 in
Seth Sales, Princeton, is charged with Level 3 Felony armed robbery and last appeared in court this week for a pre-trial conference.
According to an affidavit prepared by Gibson County Sheriff’s Office Detective Sgt. Roger Ballard, the charges stem from an incident prior to a 911 call placed May 19 by Heaven Ingle, who reported she was being followed from Poseyville by people who shot up a house she was in.
Police searched the area and located a 2005 Chevrolet Impala matching the description provided by Ingle, on County Road 400 South near County Road 350 West, between Owensville and Princeton.
According to the affidavit, occupants of the car were identified as driver Seth Sales, front-seat passenger Joe R. Garrett III, a driver’s side back-seat passenger juvenile and passenger-side back-seat passenger Elijah Rudd.
Deputies received consent to search the car and found a Hi-Point .45 caliber carbine with seven bullets under a jacket in the back seat, and a 9 mm Smith & Wesson handgun containing one round of ammunition, according to the affidavit. Ballard also reported high capacity extended magazine for a Glock firearm was discovered, but the gun was not found. Police also discovered drug paraphernalia and alcohol in the vehicle.
The four occupants were detained on weapons, drugs and alcohol charges.
In recorded interviews with police, all four denied any altercation related to the 911 call Ingle placed.
According to the affidavit, in further investigation, deputies learned the four men had been to a house on County Road 1000 South near Poseyville in Gibson County prior to the May 19 traffic stop.
On May 20, deputies went to the home on CR1000 South and saw a broken pane of glass in the front storm door and puncture holes in the siding of the mobile home that appeared as though they were caused by a firearm projectile.
The resident of the trailer gave police a statement, identifying Garrett, Sales, Rudd and the juvenile as the people who came to her home. She told police, according to the affidavit, that the juvenile held a firearm, “making a hand motion in the air, making a statement to the effect of ‘Take it all’ ”
Police wrote in the affidavit that the witness reported the juvenile took a backpack, and she said they were able to get the four people out of the house. According to the affidavit, once outside, Ingle removed the license plate from the car the four arrived in. The witness took the license plate from Ingle and threw it back to the four to get them to leave. After the plate was retrieved, “a gun or guns were fired,” according to the affidavit, and the witness ran back to the front door of the house as the shooting was happening. She could not identify at the time of the interview, which person was firing.
The witness’s daughter was sleeping in a bedroom west of the front door, and police saw a puncture hole in the drywall of the interior of the bedroom, directly above where the child was sleeping. A firearm projectile was recovered from the bedroom, lodged within a stuffed animal, according to Ballard’s affidavit.
Another witness at the house told police he and Garrett were making a transaction for a pair of shoes. He said the men were acting strangely and the juvenile lifted up his shirt to reveal the handle of a firearm. The witness said the juvenile demanded property from them, so he got a hatchet and backed the men out of the trailer, into the front yard.
According to the affidavit, the witness said once outside, Rudd and the juvenile displayed firearms and Rudd fired a gun directly at him. Police recovered 9mm cartridge casings from the driveway.
In a May 20 search warrant for the vehicle impounded during the traffic stop, police seized cellular devices, and on May 21, received a warrant to search the contents.
In the search of the cellular devices, police said in the affidavit that Garrett used Apple Maps to provide directions to Wheeler’s home at 12:21 a.m. May 19 and at 1:42 a.m., Garrett sent a witness a message saying he was 16 minutes away. A video recording made at 2 a.m. May 19 was discovered of Garrett, Rudd, the juvenile and Sales in a vehicle together with Garrett brandishing a handgun and the juvenile brandishing a rifle.
According to police, further search of Rudd’s phone discovered a message sent at 3:58 a.m. that police said used street terminology for committing a robbery or other crime, followed by a 7:18 a.m. message that said “I shot 2-3 mfs in Owensville.” The affidavit alleges Rudd sent a message via Snapchat at 5:35 a.m. stating “Merked someone or 3,” which police said is a slang verb for shoot, murder or kill.
The witnesses told police that Garrett was left behind when Sales, the juvenile and Rudd left. According to the affidavit, cellular records show that between 5:45 a.m. and 7:15 a.m. May 19, Rudd was searching Owensville addresses and getting directions. Messages between Garrett and Rudd indicated that Garrett was providing addresses to be picked up in Owensville, according to police.