Amid potential retrial in homicide case, Heidi Carter sentenced on firearms charge

Editor's note: This story contains descriptions of sexual violence.

EVANSVILLE — Following a partial mistrial in November, a judge on Thursday sentenced Heidi Kathleen Carter to serve one year in prison, with credit for time served, in connection with the one charge jurors found her guilty of committing: carrying a handgun without a license, a misdemeanor.

Carter, 37, stands accused of aiding her boyfriend during a 2021 kidnapping, rape and killing on Evansville's West Side. After a three-day trial in late November, a jury failed to render verdicts for Carter's most serious charges, which included aiding, inducing or causing rape, a Level 1 felony, and criminal confinement, a Level 3 felony.

Her boyfriend, Carey Hammond, was shot and killed by police outside 1801 Stinson Ave. on Oct. 19, 2021.

Carter's defense attorney, Barry Blackard, said his client was sentenced for the only crime he claims she committed – illegally carrying a handgun. Carter maintains her innocence with regard to all other charges.

"I look forward to again presenting Heidi's defense if the state chooses to take this case to trial a second time," Blackard told the Courier & Press following Carter's sentencing.

More:Woman faces murder charge after two people were found shackled inside Evansville home

Prosecutors accuse Carter of directly aiding, and at times encouraging, Hammond when he allegedly killed 50-year-old Timothy Scott Ivy and repeatedly raped Ivy's girlfriend inside the Stinson Avenue residence.

Following the death of Ivy, prosecutors said Carter and Hammond kept Ivy's girlfriend restrained to a bed while she suffered from a serious head injury.

Police shot and killed Hammond when he emerged from the Stinson Avenue home holding what authorities thought was a firearm. It turned out to be an object twisted into the shape of gun.

During her first trial, jurors heard testimony from Ivy's girlfriend, who said under oath that Carter held her at gunpoint while Hammond raped her. Jurors also reviewed more than two hours of Carter's taped police interrogation, reviewed hundreds of pieces of evidence and heard from expert witnesses.

More:Survivor in death, rape, kidnapping case describes 'sheer, blinding pain,' gruesome scene

Carter never took the stand, and a judge ruled hundreds of pages of documents detailing Carter's electronic correspondence with Hammond inadmissible in court just moments before the state rested its case.

At a second trial, that evidence could prove pivotal if prosecutors are able to present it to jurors.

New prosecutor could decide new charges

Thursday's sentencing comes as prosecutors must decide which charges to pursue should Carter stand trial in February. Following the partial mistrial, Vanderburgh County prosecutors filed an amended list of charges against Carter, which included counts of felony murder and rape in addition to the charges she faced at her first trial.

More:Here's why a second Heidi Carter trial could be significantly different than the first

Blackard said he believes incoming Vanderburgh County Prosecutor Diana Moers will have the final say on whether the state intends to file murder charges against Carter. Moers upset current Vanderburgh County Prosecutor Nick Hermann in this year's Republican primary election and defeated Democrat Jon Schaefer in November.

Moers will take control of the Vanderburgh County Prosecutor's Office in January. According a circuit court filing, a hearing is scheduled Jan. 12 "to address the State's intention regarding the murder charges."

Carter is currently being held at the Vanderburgh County jail, where she will remain in custody until she can be retried or the state decides to dismiss further charges.

Houston Harwood can be contacted at walter.harwood@courierpress.com with story ideas and questions. Twitter: @houston_whh.

This article originally appeared on Evansville Courier & Press: Amid potential retrial, Heidi Carter sentenced on firearms charge