News and Tribune

January 8, 2013

Open arguments likely to start today in murder trial

Insanity defense entered by Dale Bagshaw’s attorney

By BRADEN LAMMERS
braden.lammers@newsandtribune.com

JEFFERSONVILLE — The jury selection has begun in the trial of a Jeffersonville man accused of stabbing his estranged wife to death in 2011.

Edward “Dale” Bagshaw is facing one count of murder in the death of 30-year-old Kelly Bagshaw.

A pool of more than 100 potential jurors were whittled down to 12 to hear the case in Clark County Circuit Court No. 4 starting Tuesday.

Separated into two groups, the first set of more than 60 jurors were being individually questioned by Chief Deputy Prosecutor Jeremy Mull and Dale Bagshaw’s attorney, Perry McCall. The other group of about 40 jurors was being sequestered at another location in the Clark County Government Building.

The hope is that a jury pool will be determined out of the first group of potential jurors, Mull said.

“Right now, we’re taking time to question each of the individual jurors to see what type of publicity they may have seen about the case,” he said. “There has been quite a bit of news coverage on the case, so we’re questioning those jurors just to make sure nobody’s going to come in biased one way or another.”

He added the jury selection will probably take all day with opening statements in the case likely to begin Wednesday morning.

Dale Bagshaw has entered an insanity defense following a court appointed psychiatric evaluation and an independent evaluation, McCall explained. As a result of the evaluation, McCall said during this period of time Dale Bagshaw couldn’t form the intent to kill his wife.

“In addition, looking at the facts of the case there’s truly sudden heat involved, which is a mitigator to murder,” he said. “It’s about the ongoing tumultuous relationship ... that will show that it was just simply a situation that exploded.”

He said he will defend his client under an insanity defense and also seek, if found guilty, that it be of a lesser charge of voluntary manslaughter due to the mitigating circumstances.

Mull said the prosecutor’s office will continue to pursue the case as a murder.

“We’re confident that we can prove the case based on the evidence that we have,” he said. “I feel it is a murder case and nothing else.”



THE BACKGROUND    

According to the Jeffersonville Police Department, Bagshaw called police on a Sunday afternoon in November 2011 to his residence in the Lafayette Square Apartments off of East 10th Street. He told dispatchers he had been in a fight with his wife and cut her.

When the first police officer arrived at the scene, they found Kelly Bagshaw lying on the pavement next to her white Toyota Camry in the parking lot of the apartment complex, according to a probable-cause affidavit. She was transported to Clark Memorial Hospital where she died.

According to the police, Kelly Bagshaw went to her husband’s apartment to pick up their two young children.

Dale Bagshaw met his wife in the parking lot, entered the passenger side of her vehicle and the two became involved in a verbal altercation regarding “marital issues,” according to the affidavit. During the verbal altercation her cell phone rang, Dale Bagshaw grabbed the phone from her, and she fought him for the phone. At some point during the fight, he pulled out a pocket knife and stabbed her, according to the report. Kelly Bagshaw suffered more than 40 stab wounds to her head and upper body.