INDIANAPOLIS — Orlando Mitchell is charged with murder for the killing of a Marion County Sheriff's Office deputy.
Mitchell is also charged with robbery resulting in serious bodily injury and escape.
The prosecutor's office is seeking the death penalty against Mitchell for the killing of Deputy John Durm.
A special judge is being requested to handle Mitchell's case.
In a filing, the judge handling Mitchell's case asked the Indiana Supreme Court to appoint a special judge. The reasoning given is that there is a conflict of interest for the judge and he argued for any Marion County judge as the killing of Deputy Durm occurred on courthouse property.
Also, a judge granted a motion to move Mitchell to the custody of the Indiana Department of Correction. Reasons for the request by the sheriff's office were Mitchell likely being charged in Durm's death and Mitchell posing a risk of serious bodily injury or death to others.
At a pretrial conference Sept. 8, a judge set the next conference in the case for 9 a.m. Friday, Jan. 5, 2024. Mitchell's counsel stated it wished to have the trial date pushed back due to, among other stated reasons, the publicity the case has received.
The judge also criticized the state for the Marion County Sheriff's Office's release of investigation video to the media.
No trial date was set at the Sept. 8 conference.
Deputy Durm was attacked by an inmate July 10. The Marion County Coroner's Office ruled Durm's death a homicide and said he died from ligature strangulation.
"We don't want someone charged with murder leaving the jail with one person. Are there times because of staffing that we make tough decisions, yes," said Sheriff Kerry Forestal. His office is investigating what "we could have done better."
Mitchell, 34, was arrested on preliminary charges of murder, felony murder, robbery and escape.
According to the arrest report, deputies with the Marion County Sheriff's Office requested IMPD homicide at 11:22 a.m. on July 10 at the inmate intake area of the Adult Detention Center at the Criminal Justice Campus.
Officials said Durm, 61, was returning from taking Mitchell to a hospital prior to the attack.
The arrest report says the incident was captured on surveillance video, which showed Durm get out of the driver's side of the sheriff's van and walk to the back of the transport van. As Durm let Mitchell out of the van, video allegedly showed Mitchell move behind Durm and put his hands over Durm's head with the handcuff chain around Durm's neck.
"We're still reviewing things, but at this moment, we believe he was in belly chains properly, but as he left the vehicle he moved it," Forestal said.
The arrest report says video showed a struggle between Durm and Mitchell as they fell to the ground. In the video, Durm was seen trying to remove the chain as Mitchell stayed on top of him and continued choking Durm until he stopped moving.
According to the arrest report, the video showed Mitchell then using a handcuff key to remove the handcuffs and get into the sheriff's van and drive away.
The video allegedly showed Mitchell drive the van through a gate before crashing into a light pole outside of the Criminal Justice Center in the 3000 block of Prospect Street, near South Keystone Avenue.
Medics took Durm to Eskenazi Hospital where medical staff pronounced him dead.
"Deputy Durm lived a life of meaning and we will never forget him," said Assistant Chief Chris Bailey.
Officials said Mitchell was taken to Eskenazi Hospital following the crash, and his condition was said to be stable.
Officials said another deputy suffered minor injuries while apprehending Mitchell after the crash and was treated at the scene.
The Marion County Prosecutor's Office will make the final charging decisions.
Orlando Mitchell's criminal history
Orlando Mitchell was previously charged with the murder of Krystal Walton, 32, at an Indianapolis day care center on the near west side of Indianapolis on Sept. 16, 2022.
Mitchell had a history of domestic abuse against Walton, the mother of his 1-year-old son, before her murder.
According to court documents, Mitchell’s mother had gone to the scene of the shooting, telling officers Orlando had threatened to kill Walton and make it a "murder-suicide." Court documents also claim that her son told her, "If he couldn’t see his son, she wasn’t gonna be in his life either."
During the arrest, Mitchell got out of his car holding an AR-15 style rifle and allegedly pointed the gun at officers. Officers in bodycam footage from the arrest can be heard yelling for him to "drop the weapon." Police then fired several shots, hitting Mitchell in the leg.
IMPD’s video also shows an arrest team using a protective shield while they approached Mitchell and secured his rifle before handcuffs were put on.
Officers also found a handgun in a holster in the front waistband of Mitchell's pants.
No police were injured in the shooting, and Mitchell was taken to a hospital in stable condition.
Leading up to the shooting at the day care center, Mitchell was charged with domestic battery in the presence of a child, breaking and entering, invasion of privacy, violating a no-contact order and intimidation.
Mitchell’s jury trial for the murder of Walton is currently set for Oct. 24, 2023.
Death penalty cases in Indiana
If the Mitchell case is approved for death penalty status it will be the sixth death penalty case pending in Indiana.
Other cases include:
- 2022 – Phillip Lee accused of killing Richmond Police Department Officer Seara Burton.
- 2022 – Carl Boards II accused of killing Elwood Police Department Officer Noah Shahnavaz.
- 2021 – Gary Ferrell accused of killing two women outside the NHK plan in Frankfort.
- 2020 – Elliahs Dorsey accused of killing IMPD Officer Breann Leath.
- 1999 – John Adams accused of murdering his wife and son. Currently deemed incompetent to stand trial.
Two of those cases were filed within the last year. Three of the five pending cases involve the death of an officer.
Eight men currently sit on death row at the Indiana State Prison in Michigan City. But Indiana has not executed anyone since Dec. 11, 2009. No executions are scheduled, despite four men having exhausted all appeals.
For more information on death penalty cases in Indiana, click here.