Fishers teen homicide suspect to use insanity defense, attorney says

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By Kristine Guerra
IndyStar

HAMILTON COUNTY (Dec. 22, 2014) – The Fishers teenager accused of the brutal slaying of an elderly man plans to use an insanity defense when his case goes to trial.

According to our partners at the IndyStar, Maxwell Winkler’s defense attorney filed a notice of insanity or mental disease Friday in Hamilton Superior Court, court records show. A judge will appoint psychiatrists to evaluate the 17-year-old.

Winkler is charged in the Nov. 1 slaying of Henry Kim. The 73-year-old Fishers man was shot three times at Windermere Park. His throat also was slashed. Police found his body shortly after 7 p.m., along with several .22-caliber shell casings.

Police also found handwritten notes in Winkler’s wallet that outlined chilling details of a seven-step plan to kill. The notes, according to court documents, contained a list of supplies, including gloves, “kill tools” and Gatorade. Once done, the note said, burn everything except the knives, costume and “trophy.”

Police found the notes, along with a .22-caliber handgun and ammunition, in Winkler’s mother’s home on Cheswick Drive in Fishers.

Winkler is represented by Indianapolis defense attorney James Voyles, whose clients have included Mike Tyson, former Indiana University basketball coach Bob Knight, Pacers President Larry Bird and Indianapolis Colts owner Jim Irsay. Voyles also is representing Monserrate Shirley, one of three suspects charged in the deadly November 2012 Richmond Hill explosion that killed two and damaged more than 80 homes in the Southeastside subdivision.

The Hamilton County prosecutor’s office is seeking firearm enhancement and life imprisonment without parole in Winkler’s case. A hearing on that request is scheduled at 1:30 p.m. Tuesday.

Records indicate that Winkler’s troubles began since he was at least 8 years old. According to incident reports from the Fishers Fire Department, Winkler has a history of starting fires — at least twice at the Fishers home he grew up in and once at his school. As a child, he used things such as a magnifying glass, lighter, battery, wires and cardboard to start small fires, according to documents.

Winkler was arrested Nov. 4. He is being held without bond at Hamilton County Jail. His jury trial is scheduled for April.

Kim’s death is the second homicide reported in Fishers this year. The town of 84,000 in June saw its first homicide in nearly two decades, a case that also involves a teen suspect.

This article originally appeared in the IndyStar

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