MADISON COUNTY, INDIANA, Ind. — The Madison County Prosecutor's Office is asking the courts to deny a request made by Carl Roy Webb Boards II, the man accused of killing 24-year-old Elwood Officer Noah Shahnavaz.
Boards requested to move the venue for his trial outside of Madison County, where prosecutors are seeking the death penalty.
The Madison County prosecutor’s office is asking Madison Circuit Court Division 3 Judge Andrew Hopper to deny the motion and has presented an alternative.
Chief Deputy Prosecutor Andrew Hanna has filed a motion to deny the change of venue request and proposed selecting a jury in another county and conducting the trial in Madison County, according to our newspaper partners at the Herald Bulletin.
The Herald Bulletin obtained the change of venue motion filed by Boards’ attorney Joe Duepner through a Freedom of Information request.
The motion argues Boards can't receive a fair trial in Madison County because of:
- Public hostility against the accused
- Public outrage over the offense
- Prejudicial news reporting or editorializing
- Speculative opinions as to the personality and character of Boards
- Disclosure of inadmissible evidence or prior criminal records
In a response, Hanna wrote that the change of venue motion doesn’t comply with court rules because it fails to allege any “fact” but merely makes statements without supporting facts or documents.
Hanna said the seating of a jury can be accomplished during questioning to determine if a verdict can be reached based on the facts of the case.
Boards is accused of fatally shooting Elwood Officer Noah Shahnavaz on July 31. He is charged with murder, two counts of resisting law enforcement, unlawful possession of a firearm by a convicted felon, firearm enhancement, habitual offender, life without parole and the death penalty.
He is scheduled to appear in court on Sept. 30 and his trial is set for Jan. 9.