ANDERSON, Ind. — A jury trial is still more than a year away — at least — for the man charged with the murder of Elwood Police Ofc. Noah Shahnavaz. But several legal issues still must be decided before the trial begins, including whether Carl Roy Webb Boards II could face the death penalty.
Madison County Circuit Court Judge Andrew Hopper said during a hearing Tuesday that he is still seeking out evaluators for the next 45 days, who will determine if Boards has an intellectual disability. That could remove the death penalty from the case.
Most of the pretrial conference was spent with the defense arguing for more time and more access for Boards to review the evidence against him. Defense attorney Joe Duepner suggested that at the current rate, his client would not be ready for a trial until 2036.
RELATED: Attorneys claim 'intellectual disability' for suspect accused of killing Elwood Officer Shahnavaz
The judge tripled the amount of time each week that Boards will have access to the law library at the Miami Correctional Facility, the state prison where Boards is being held for safekeeping awaiting trial. The judge ordered Boards be allowed to visit the law library up to 12 hours a week to review discovery in his case, some of which is digital data requiring the use of a computer. The judge also ordered that Boards be allowed to have any written documents in the case with him in his cell.
But the judge specifically mandated that about 250 autopsy photos of Shahnavaz can only be viewed by Boards in the law library.
The officer's father, Matt Shahnavaz, along with Elwood Police Chief Jason Brizendine and other officers, attended the hearing.
The judge denied a motion for Boards to appear in court in regular handcuffs rather than higher security shackles that are used by the Indiana Department of Correction in transporting high-risk inmates.
The defense is also asking for a change of venue in this high-profile case. But the judge has previously said he will not rule on that until much closer to the trial.
The next court hearing is set for Nov. 6. As of right now, Boards' trial for the July 31, 2022, murder of Shahnavaz is scheduled for Jan. 13, 2025.
Timeline of events
Indiana State Police said Shahnavaz tried to stop a 2012 Buick LaCrosse near the intersection of State Road 37 and County Road 1100N in Madison County just after 2 a.m. Sunday, July 31, 2022.
According to court documents, Shahnavaz radioed in the license plate number. The last radio transmission from the officer recorded him saying, "had a gun."
ISP said the suspect got out of the Buick and fired multiple rounds at Shahnavaz for an unknown reason. Shahnavaz was hit multiple times. His gun was found still in its holster. Investigators found 36 rifle bullet casings in the road that are believed to be from the suspect's gun.
Police said the suspect then took off in the Buick.
Additional responding officers gave first aid to Shahnavaz until an ambulance arrived. He was taken to a hospital in Elwood before being moved to a hospital in Indianapolis, where he died from his injuries.
Around 2:30 a.m., the Hamilton County Sheriff's Department attempted to stop the Buick on State Road 37. A tire deflation device was used on it near State Road 37 and 146th Street, but the Buick kept going and made it onto Interstate 69.
Fishers Police Department officers then twice used their vehicles to stop the Buick. The second time, the Buick hit the median barrier and came to a stop. Officers were then able to arrest the suspect.
During the arrest of the suspect, a handgun was located on him. It was a 9mm handgun. A black rifle with a high-capacity magazine was on the driver's seat of the vehicle. A high-capacity magazine was also found at the barber shop where the suspect worked.