Judge dismisses kidnapping charges against Delphi murder suspect; adds two murder charges
DELPHI, Ind. — Delphi murder suspect Richard Allen is no longer facing kidnapping charges, but two additional charges of murder will remain.
Special Judge Frances Gull signed an order Friday allowing prosecutors to add two counts of murder and drop two counts of kidnapping.
Prosecutors filed on Jan. 18 to add two murder charges and two kidnapping charges, but moved last week to dismiss the kidnapping charges. Gull's order was signed Friday and published online Monday.
Allen's charges currently are the original two counts of murder in the commission of a felony, which allege Delphi teenagers Libby German and Abby Williams were killed during a kidnapping on the afternoon of Feb. 13, 2017.
These felony murder charges allow jurors to convict Allen, 51, of murder if the state persuades them that Libby and Abby were killed during an abduction. On those charges, prosecutors don't need to prove that Allen is the specific person who killed the girls, according to Indiana law.
Additionally, Allen faces two counts of murder, which is defined as knowingly or intentionally killing another human being, meaning prosecutors must persuade jurors that Allen is the person who killed Libby and Abby.
If he is convicted on all four counts, he can only be sentenced on two counts of murder. Both murder in the commission of a felony and murder carry the same sentencing range — 45 to 65 years. This means if Allen is convicted, his sentence range is between 90 and 130 years in prison.
Allen's trial is scheduled to begin May 13 and run through the end of the month.
Jurors will be selected from Allen County residents. After jury selection, the trial will shift to Delphi, where the evidence will be presented and the jurors will deliberate.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
This article originally appeared on Lafayette Journal & Courier: Delphi murder suspect's kidnapping charges dismissed
