MUNCIE, Ind. – More than three years after he fatally stabbed another Muncie man as they fought on a South Side street, an attempt by Brady Allen Turner to overturn his murder conviction has been thrown out by an appeals court in the state.
A Delaware Circuit Court 4 jury in April 2021 found Turner, now 28, guilty of murder in the September 2018 murder of 27-year-old Chris Eugene Burgess Jr., also of Muncie.
Reports said the victim suffered a fatal stab wound to the throat while fighting with Turner on East 15th Street.
Turner maintained he acted in self-defense, saying Burgess threatened him earlier and shot him.
“I am here today to tell you that I will maintain my innocence until the day I die,” Turner told Judge John Feick of Delaware Circuit Court 4, who sentenced him to 60 years in prison.
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At the time of the 2018 murder, Turner was on parole in Madison County.
In response to Turner’s appeal, the Indiana Court of Appeals ruled on Friday that a ruling by Judge Feick that “evidence of Turner’s parole status was relevant to his self-defense claim” was incorrect.
However, the three-judge panel also ruled the error was “harmless” given the “overwhelming evidence refuting Turner’s claim of self-defense”.
The appeals court also rejected Turner’s claim that Feick should have granted his request to transport a potential witness, then incarcerated in Ohio, to testify at trial.
The judges ruled that granting this request, filed while the trial was in progress, could have resulted in “an indefinite delay”.
They also noted that Feick had allowed a deposition from this witness to be read to the jurors.
Turner, incarcerated at Pendleton Correctional Institution, has an expected release date of November 2063, when he would be 70.
Douglas Walker is a journalist at The Star Press. Contact him at 765-213-5851 or [email protected]