Judge delays trial for man accused in fatal February 2023 Vanderburgh County shooting

EVANSVILLE — Just days before Vanderburgh County prosecutors were set to present their case against 18-year-old Austin Ousley, who stands accused of shooting two brothers, one of them fatally, Ousley's defense team filed a successful motion to delay his trial, which had been scheduled to begin Monday morning.

According to court records, Ousley is now scheduled to go before jurors for the first time on March 11. While it was Ousley's defense that filed the motion to vacate the trial, prosecutors agreed to the arrangement, too, according to a docket entry in the case.

Had Ousley's trial commenced as initially scheduled on Jan. 8, jurors would have decided if prosecutors had proven beyond all reasonable doubt that Ousley shot 42-year-old Chad Wildt and killed 36-year-old Shawn Wildt during a Feb. 27 altercation at a small farmhouse the Wildt family owns south of Evansville.

In March, a judge arraigned Ousley from his bed at an Indianapolis hospital, where he had received treatment for a self-inflicted gunshot wound, Vanderburgh County Sheriff Noah Robinson said at the time.

Shattered forever: Here's how a fatal Vanderburgh County shooting reportedly unfolded

Ousley was discharged from the hospital and booked into the Vanderburgh County jail on April 4, where he is being held without bond. Ousley is reported to have suffered permanent brain damage, but he was found competent to stand trial.

Prosecutors levied five charges against Ousley, including felony murder, attempted murder, and battery with serious bodily injury – all felonies. Should a jury find Ousley guilty in March, he would likely face a decades-long prison sentence, according to Indiana guidelines. Though judges have broad discretion to weigh aggravating and mitigating factors when imposing a sentence.

Vanderburgh County Sheriff's Office deputies investigate the scene of an apparent double shooting that left one person dead and one other injured in the 1500 block of Cypress Dale Road Monday, Feb. 27, 2023.
Vanderburgh County Sheriff's Office deputies investigate the scene of an apparent double shooting that left one person dead and one other injured in the 1500 block of Cypress Dale Road Monday, Feb. 27, 2023.

The farmhouse-turned-crime scene is located along a desolate stretch of Cypress Dale Road, surrounded by flat fields and dirt roads. The Wildt family had been keeping a close eye on the quaint, two-story structure and the surrounding property in the weeks prior to the shooting: They suspected a spate of trespassing incidents.

A quiet February afternoon turned deadly when Chad and Shawn Wildt confronted Ousley, who was armed with a handgun, and Ousley’s 17-year-old friend, who entered the family's farmhouse alongside Ousley. Chad and Shawn Wildt knew the teenagers had entered the home because they set up remote trail cameras, which can take photos or videos when animals - or people - pass by, police records state.

More: After double shooting, Wild family holds blood drive

An altercation ensued inside the two-story structure when Chad and Shawn Wildt confronted Ousley and his friend, according to an affidavit of probable cause, though Robinson, the Vanderburgh County sheriff, told the Courier & Press that both Wildt brothers were unarmed.

Little is definitively known regarding what happened leading up to and during the altercation, at least publicly.

But, at some point, investigators said Ousley drew his weapon and fired, striking Chad Wildt in the face and Shawn Wildt in the torso. Chad Wildt managed to crawl outside and call for help from a passerby, public records show.

Shawn Wildt died inside the farmhouse, investigators said.

The 17-year-old, who has not been publicly identified, told 911 dispatchers shortly after the shooting that he and Ousley traveled to the Wildt’s Cypres Dale farmhouse, which is unoccupied but regularly maintained by the family, to take pictures, according to audio of the call reviewed by the Courier & Press.

The teen, who was no longer with Ousley when he reported the shooting, claimed Ousley had communicated with him through social media and sent a video taking responsibility “for everything,” the audio shows.

Court Records: Austin Ousley, charged in double shooting, said he 'killed 2 people'

Ousley drove from the farmhouse to a Rural King store located along Morgan Avenue in Evansville and attempted to take his own life in the parking lot, according to Robinson and a review of body camera footage depicting law enforcement's efforts to render aid to Ousley.

The court docket in Ousley’s case contains more than 100 entries documenting hearings, filings, the discovery process and subpoenas. On Thursday, Ousley’s defense attorneys, Christian Michael Lenn and Dawnya Taylor, filed a witness and exhibit list, according to court records.

Lead Prosecutor Heath A. Tuley argued that four exhibits put forward by Ousley's attorneys were inadmissible in court, and Vanderburgh County Superior Court Judge Robert J. Pigman took the matter under advisement, a docket entry states.

A pretrial conference is scheduled to be held Feb. 7 ahead of the newly rescheduled March 11 trial date.

Houston Harwood can be contacted at houston.harwood@courierpress.com

This article originally appeared on Evansville Courier & Press: Delay in trial of Austin Ousley, accused of fatally shooting Shawn Wildt