Eric Holmes was sentenced to death by the State of Indiana for two murders committed during a robbery
According to court documents Eric Holmes and Michael Vance waited outside of a restaurant for it to close. When three employees came out they were forced back into the store by Holmes and Vance. The three employees would be put into a walk in freezer where they were all stabbed repeatedly. Two of the employees died from their injuries
Eric Holmes would be arrested, convicted and sentenced to death
Michael Vance would be arrested, convicted and sentenced to one hundred years in prison
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Eric Holmes is incarcerated at Indiana State Prison
Eric Holmes Case
Appellant Eric D. Holmes was convicted in a jury trial of two counts of murder for the intentional killing of Charles Ervin and the intentional killing of Theresa Blosl. Ind. Code Ann. 35-42-1-1(1) (West Supp.1995). The jury could not decide upon a sentence recommendation on a separate count calling for the sentence of death. Thereafter the trial judge did impose the sentence of death on the basis of the B(1) aggravator, killing while robbing, and the B(8) aggravator, multiple murder. Ind.Code Ann. 35-50-2-9(b)(1) and (8) (West Supp.1995). Appellant was also convicted on three additional counts: attempted murder of Amy Foshee, robbery, and conspiracy to rob, and was sentenced accordingly. Multiple claims are made in this direct appeal of the convictions and sentences.
Appellant’s partner in this attack, Michael Vance, was separately tried by jury and convicted of two counts of felony murder, a count of robbery, and a count of attempted murder for his role. Vance v. State, 620 N.E.2d 687 (Ind.1993). He received a total executed sentence of one hundred ninety (190) years.
The evidence tending to support the verdicts against appellant showed that he got into an argument with his fellow worker Amy Foshee and was fired from his job at a Shoney’s restaurant where he had worked for at least three months. At the time of closing that day, Charles Ervin, a manager, Theresa Blosl, a manager, and Amy Foshee, a worker, were leaving the restaurant. Ervin was carrying the till. Appellant Holmes, then 21 years of age, and Michael Vance trapped the three in the foyerappellant preventing them from going outside and Michael Vance preventing them from going back inside. Holmes and Vance attacked the three and grabbed the till. The three were *846 grabbed and stabbed multiple times. Appellant said, “Murder in the first degree,” “This is the real truth?” and “We will triumph.” Ervin and Blosl died, but Foshee survived.
Gail Watkins, a friend of Raymond Vance and also a worker at Shoney’s, left work with Raymond Vance and appellant, who said of Amy Foshee, “I’m going to kill that bitch tonight.” He also said he was going to spit on her glasses.
Foshee testified at trial, described the attack in detail, and identified appellant and Michael Vance. While appellant had been fired from his job at the restaurant hours before the attack, Michael Vance had started working there that day upon being rehired. Foshee could not recall whether it had been appellant or Vance who had stabbed her.
Raymond Vance, brother of Michael Vance and also an employee of the restaurant, also testified at trial. He said that Michael Vance had driven another brother’s car to the restaurant and parked it in the lot on the same night. Raymond was dozing in the car. He saw appellant and Michael Vance talking in front of the restaurant with Ervin and Blosl. Then appellant and Michael Vance entered the car. Appellant said “Mike, I did it. I was wrong but I did it”. Both then said, “We’re ruthless.” Both were covered with blood from the waist down. Raymond went with them to change cars, procure a motel room, shower, change clothes, and discard some things. Appellant was bleeding from cut wounds on his hand. Raymond testified pursuant to a plea agreement for a five year sentence for assisting appellant and Michael Vance.
Laura Scott testified that she lived with Andy Vance in an apartment and that Michael and Raymond Vance sometimes stayed there. She further testified that appellant and Michael Vance came to the apartment at one or two a.m. on November 16, 1989 and began to play loud music. She saw blood on the rug and wall of her bathroom. Appellant said, “I killed the mother fuckers.” The police soon knocked on the door, and Michael Vance and appellant ran to the back of the apartment, but were soon arrested.
https://law.justia.com/cases/indiana/supreme-court/1996/49s00-9002-dp-00104-4.html
