State labels Boards change of venue request premature

Ken de la Bastide, The Herald Bulletin, Anderson, Ind.
·2 min read

Oct. 7—ANDERSON — The Madison County prosecutor's office considers the change of venue from the county in the death penalty case of Carl Roy Webb Boards as premature.

Chief Deputy Prosecutor Andrew Hanna submitted his response to Madison Circuit Court Division 3 Judge Andrew Hopper to Boards' attorneys' request to move the trial from the county.

Boards, 42, is accused of fatally shooting Elwood police officer Noah Shahnavaz, 24, through the windshield of his police cruiser early on July 31 in Elwood.

He is charged with murder, two counts of resisting law enforcement, unlawful possession of a firearm by a convicted felon, firearm enhancement and being a habitual offender. He is facing the death penalty.

The prosecutor's office renewed their recommendation that jurors be selected from another Indiana county and brought to Anderson for the trial which is set for Jan. 9.

"The State concedes that there has been widespread media coverage regarding the charged offenses," Hanna wrote. "At this juncture, the State disputes that Defendant cannot receive a fair trial in Madison County."

Boards' attorney Joe Duepner in the motion for a change of venue referenced the funeral procession for Officer Shahnavaz and publication of Boards' criminal history.

In his response, Hanna said the procession only traveled through Elwood and Lapel, with both communities representing 8.3% of the county's population of 130,782.

"The defendant has offered no evidence that the existence of the funeral procession through Madison County was prejudicial or inflammatory or that any potential juror who attended or was otherwise aware of the funeral procession would be unable to render a fair and impartial verdict," Hanna wrote.

Concerning the publication of Boards' criminal record in The Herald Bulletin, Hanna said those convictions would be admissible as part of the state's charge of Boards being a habitual offender.

Just after 2 a.m. on July 31, Shahnavaz stopped a 2012 Buick LaCrosse near the intersection of Indiana 37 and County Road 1100 North. Police have not provided a reason for the traffic stop.

Officers from Elwood and Madison County found the wounded Shahnavaz and administered life-saving measures until medical personnel arrived.

Shahnavaz was taken by ambulance to Ascension St. Vincent Mercy Hospital in Elwood and later flown by helicopter to an Indianapolis-area hospital, where he died.

Just after 2:30 a.m., Hamilton County officers located the Buick and attempted a traffic stop. The Buick continued southbound on Indiana 37. Hamilton County sheriff's deputies pursued the Buick and deployed a tire-deflation device near the area of Indiana 37 and 146th Street.

The Buick continued southbound on Indiana 37 toward Interstate 69. While on I-69, Fishers police employed two "precision immobilization techniques." After the second attempt, the Buick struck a median barrier wall. Officers took Boards into custody without further incident.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.