AUBURN, Ind. (Indiana's NewsCenter) -- Julie Marie King, 33, of Auburn, could face a sentence of 45 to 65 years in prison if convicted on charges of felony murder, according to former Allen County Prosecutor and current Criminal Defense Attorney, Robert Gevers.
King is currently being held without bail at the DeKalb County Jail. She is charged with the following:
Count I: Felony Murder
Count II: Conspiracy to Commit Murder, Class A Felony
Count III: Aiding in Attempted Murder, Class A Felony
A probable cause affidavit released Friday, states that King’s boyfriend, 41-year-old Ralph D. Hardiek, pulled the trigger that injured Waterloo Deputy Marshal Steven Brady, as well as revealing a gun that caused the shoot-out with police. If King did not kill her boyfriend or shoot Officer Brady, why all the murder charges?
Gevers says it's because of the "Felony Murder Rule."
"In the state of Indiana, we have what is called the, 'Felony Murder Rule,' which means if a murder is committed during certain felony offenses, an individual can be charged with murder. We call it felony murder because it occurred during or attempting to commit a felony," Gevers said.
Gevers went on to say, "Those felonies can be arson, burglary, some certain sex offenses, robbery, child molestation. So if someone was killed during or while attempting to commit one of those offenses, they can be charged with murder, felony murder."
In King's case, Hardiek was killed while they were attempting to commit robbery, according to reports. King's trial is set to begin June 18. It will be a five-day trial.
The Indiana State Police Criminal Investigation Division from the Fort Wayne post arrested King early Friday morning in connection with the Dec. 15 shooting of Waterloo Deputy Marshal Stephen Brady.
Detective Kevin Smith took King into custody immediately after she was discharged from a Fort Wayne hospital where she was recovering from gunshot wounds. Sources tell Indiana's NewsCenter that King is unable to walk and in a wheelchair temporarily.
Sometime before 3:00 am on Thursday, December 15, 2011, King along with Hardiek, both of Auburn, went to a residence on County Road 35, just north of Waterloo, to seek assistance for a vehicle that was said to have been stuck in the mud.
Two Waterloo officers were sent to find the pair along with their vehicle and to render assistance to them. Just after 3:00 am, Deputy Marshal Stephen Brady, 47, and 13 year veteran of the Waterloo Police Department, encountered the two in the area of Railroad and Center Streets in the town of Waterloo. It was during this encounter that Brady was shot in the face by Hardiek while he was questioning King about identification, according to the affidavit.
At approximately 6:00 am, a call was received from a resident in the 200 block of South Center Street indicating that there were some people hiding under his deck. When officers arrived, they found King and Hardiek lying under the deck "wound tightly together". Hardiek was reported holding King's face in his hands in an "emotional gesture." Oberholtzer says he believes at that moment they made a pact to do whatever they could to get out of the situation.
After refusing to obey the officers’ commands, a taser device was deployed to gain voluntary compliance and it was allegedly at this time that Hardiek displayed a hand gun. The officers, fearing for their safety, fired an unknown number of rounds hitting both King and Hardiek. According to investigators and DeKalb County Coroner Jeff Warner, Hardiek died at the scene from his wounds.
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