| STATE
OF INDIANA
COUNTY OF TIPPECANOE
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) SS
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SUPERIOR COURT NO. 2
OF TIPPECANOE COUNTY
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| STATE OF INDIANA
vs
MICHELLE GAUVIN
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CASE NO.
79D02-0503-MR-1 |
SENTENCING ORDER
The State of Indiana appears by
Jerry Bean, Prosecuting Attorney, and Laura Zeman, Deputy
Prosecuting Attorney. Defendant appears in person, in custody of the
Sheriff of Tippecanoe County, and by Thomas J. O’Brien, Kevin
O’Reilly, and Lee Griffith, her attorneys. The defendant having
entered pleas of guilty on the 15th day of September, 2006, and the
Court having taken the Plea Agreement and the pleas of guilty under
advisement, the Court now conducts sentencing hearing. The Court now
accepts the Plea Agreement and the pleas of guilty and finds the
defendant guilty of the offense of Murder, as charged in Count I;
guilty of the offense of Confinement, as charged in Count IV; and
guilty of Neglect of a Dependent, as charged in Count V of the
Informations filed herein.
IT IS ORDERED AND ADJUDGED that the
defendant, Michelle Gauvin, who is a female person 34 years of age,
is guilty of Murder, as charged in Count I, a felony.
IT IS FURTHER ORDERED AND ADJUDGED
that the defendant is guilty of Confinement, as charged in Count IV,
a Class B felony.
IT IS FURTHER ORDERED AND ADJUDGED
that the defendant is guilty of Neglect of a Dependent, as charged
in Count V, a Class B felony.
Under IC 35-50-2-9, before a
sentence of life without parole can be imposed, the court must
determine whether the State has proven the existence of one or more
of the alleged aggravating circumstances beyond a reasonable doubt.
If so, the Court then must determine whether the aggravating factors
outweigh the mitigating factors. The alleged aggravating
circumstances are (1) the victim was less than 12 years of age,
(b)(10), and (2) the defendant tortured the victim while the victim
was alive. (b)(11). The alleged mitigating factors are (1) the
defendant has no substantial history of prior criminal conduct,
(c)(1); (2) the defendant was under extreme emotional disturbance
when the murder was committed, (c)(2); (3) the defendant was an
accomplice in a murder committed by another person and the
defendant’s participation was relatively minor, (c)(4); (4) the
defendant acted under the substantial domination of another person,
(c)(5); (5) the defendant’s borderline personality disorder
diminished defendant’s capacity to control her actions, (6) the
defendant was the loving mother of two exemplary children, and (7)
the violence of the incident was aberrational.
I. Aggravation.
There is no dispute that Aiyana
Gauvin was only four-years old. For the reasons which follow, the
court concludes that Aiyana was tortured while she was alive.
On or about March 16, 2005,
four-year-old Aiyana Gauvin was murdered. The coroner determined
that the cause of death was blunt force trauma to the head, causing
a sub-dural hematoma and optic nerve hemorrhage. Both her father,
Christian Gauvin, and her stepmother, the defendant Michelle Gauvin,
initially gave incredible reports of the circumstances of her death.
Christian reported that Aiyana was awake and alert when he left for
work. Michelle reported that nothing appeared amiss when she put
Aiyana to bed at night and that she first noticed her unresponsive
in the morning when she returned from driving Christian to work.
Because both parents were demonstrably untruthful, the true facts
must be found from other sources.
Aiyana Gauvin was born December 12,
2000, to Cassandra Robinson Gauvin and Christian Gauvin. Cassandra
had two older children from prior relationships. Cassandra and
Christian soon divorced. Thereafter, Cassandra’s three children were
taken from her and became wards of the State in a CHINS proceeding.
At that time, Aiyana was 2-1/2. All three children were placed with
Cassandra’s parents, Mr. and Mrs. William Robinson, during the CHINS
proceeding. Cassandra was unable to achieve the stability necessary
for reunification. Ultimately, the Juvenile Court placed Aiyana
Gauvin permanently with Christian and closed the CHINS case in March
2004. The divorce court gave Christian custody of Aiyana. In January
2004, shortly before the CHINS case was closed, Christian moved in
with Michelle Urbanus. Christian and Michelle had a stormy
relationship, but they married in February 2005. At the time of
their marriage, Aiyana Gauvin appeared well and happy. By March 16,
2005, she was dead.
Michelle Gauvin was born to a
married woman, whose husband was not the father of the child. Mother
and husband were white; the father of the child was
African-American. He was a friend of the couple and continued to
visit the home after Michelle was born. He brought diapers to the
home and played with Michelle. After MIchelle was born, the mother
claimed she had been raped. The child was the subject of heated
arguments and the object of racial prejudice. At the age of 18
months, Michelle was placed for adoption.
Michelle was adopted by a loving
couple and had two loving brothers. She had difficulty bonding with
her mother. She was raised in Tippecanoe County. She attended
Mayflower Mill Elementary School and McCutcheon High School. She was
teased for being the biracial child of a white couple. There is no
evidence that she was ever diagnosed with any mental illness or
personality disorder prior to the murder, but two psychiatrists
testified in this proceeding that she suffers from borderline
personality disorder. Certainly she had difficulties throughout her
life consistent with that diagnosis. She reacts emotionally to small
provocations, she exaggerates her problems, she can’t back down from
a confrontation, and she can’t hold a job. She was disciplined in
school for talking back, she was the subject of five protective
orders, she had conflicts with her neighbors and boyfriends, and the
fire department determined that it would not go to her home without
the assistance of a deputy sheriff.
During the CHINS proceeding,
Christian Gauvin and the Robinsons shared custody and possession of
Aiyana amicably. After Aiyana was placed with Christian, however, he
delegated responsibility for her care to Michelle. Michelle
immediately placed restrictions on the Robinsons’ access to her,
such that they had only one more visit with her and had not seen her
for a year prior to her death.
Nobody reported that Aiyana had any
substantial problems prior to the time that she and Christian came
to live with Michelle in February 2004. Christian and Michelle,
however, reported that Aiyana was defiant and disrespectful to
Michelle; fell over, intentionally injuring herself; would not stop
picking her scabs; regressed in her toilet training; reverted to
crawling; and refused to eat or would eat condiments out of the
refrigerator. They claimed that these behaviors happened
irregularly: a period of normalcy would be followed by a period of
misbehavior.
Michelle and Christian instituted a
series of disciplinary measures in an attempt to control Aiyana’s
behavior. Aiyana’s hands were tied to keep her from picking her
scabs. She was diapered. She was tied to a chair or a baby gate. She
was forced to sleep on a plastic tray on the floor, without bedding,
when she relieved herself in her bed. She was force-fed ground up
food when she wouldn’t eat. She was locked in her unheated room when
she was disrespectful. Michelle spanked Aiyana so hard that her hand
hurt. After that, she spanked Aiyana with a cutting board. When the
cutting board broke, she continued to beat her with the pieces. When
Aiyana was disrespectful, Michelle threatened to tape her mouth
shut. Michelle took a series of photographs over a period of weeks
or months showing Aiyana lying in her own excrement and tied to her
bed, the baby gate, and the faucet in the bathtub. The photos were
hung on the wall and Aiyana was forced to look at them to coerce her
to behave.
These disciplinary measures
preceded the wedding, but had not yet progressed in severity. Aiyana
appeared well both at the time of the wedding and two weeks prior to
her death when Michelle lunched with a friend.
On March 16, 2005 Aiyana was found,
dead, with abrasions and contusions all over her body, inflicted on
more than one occasion. She had been beaten by Michelle with a
paddle and by Christian with a belt. Michelle had left bite marks on
her arm. Over the course of more than a week she had become so
malnourished and so dehydrated that she had lost her body fat,
suffered liver damage, her extremities were swollen and her bowel
was impacted. There were wounds on both wrists and one ankle caused
by the ligatures with which Michelle had bound her. Michelle had
taped her mouth with duct tape after feeding her an unpalatable
mixture on which she had gagged. She was bound and gagged throughout
the night.
As severe as these injuries were,
however, they were not the cause of death. Aiyana’s death was caused
by four or five blows to the head, inflicted with a blunt object.
The beating caused a subdural hematoma and optic nerve hemorrhage.
Neither Michelle nor Christian nor Michelle’s two children have
related a story which accounts for these injuries. Michelle admits
beating Aiyana with her hands and the cutting board, and the marks
on Aiyana’s head are consistent with the cutting board. In June
2005, Michelle admitted that she killed Aiyana. The court finds that
Michelle Gauvin intentionally inflicted the fatal blows to the head
of Aiyana Gauvin.
The aggravating element of torture
has been proved beyond a reasonable doubt. The above-mentioned
punishment, injuries and pain were intentionally inflicted by
Michelle Gauvin for the purpose of coercing and persuading Aiyana
Gauvin to change her behavior.
II. Mitigation.
The court finds that Michelle
Gauvin has no substantial prior criminal history.
The court rejects the claim that
Michelle Gauvin was under extreme emotional distress at the time of
the murder. A campaign of torture had been deliberately imposed as
the regular form of discipline over a long period of time. Michelle
was undoubtedly passionate at intervals, but she had numerous
opportunities for reflection. The final blow may have been struck in
anger, but the campaign of torture was intentional.
The court also rejects the claim
that Michelle played a minor role in a murder carried out by an
accomplice. Because neither Michelle nor Christian have been
truthful, the court cannot determine precisely what happened.
Michelle rejected the opportunity for allocution. The Court finds
that Michelle intentionally inflicted the fatal blows, so whatever
Christian’s culpability, and he has not yet been tried, Michelle is
fully responsible for Aiyana’s death.
The court also rejects the claim
that Michelle was substantially dominated by Christian. She was
strong willed and held her own in their disputes. She had the power
to evict Christian and threatened to do so on several occasions. She
owned the house and the car and had the assistance of her parents
for the asking. Both Christian and Michelle retreated into an
isolated existence, in which Aiyana was isolated even more. Neither
Aiyana’s grandparents nor Michelle’s parents were given access to
her. There is no evidence that Christian had any friends or family.
Neither Christian not Michelle sought professional help or help from
family in dealing with Aiyana’s problems. They never took her to a
doctor. The blame for the neglect of Aiyana falls on both of them
equally.
The court finds that the defendant
suffers from severe Borderline Personality Disorder, as a result of
her tragic childhood. Both psychiatrists agreed on this diagnosis.
Furthermore, both agreed that there is a recognized treatment for
the disorder that may increase the coping ability of one who suffers
from it.
The court finds that Michelle, with
the help of her parents, has raised two exemplary children. There is
evidence, however, that she has not been successful in keeping them
safe. Moreover, they now must live with the memory of the torture
the defendant inflicted on Aiyana and which she compelled them to
conceal.
The court finds that prior to the
events of this case, Michelle Gauvin had not carried out acts of
physical violence, although in light of her numerous confrontations
with others, physical and otherwise, the court does not find the
violence aberrational.
III. Weighing the Factors.
Weighing the aggravating factors
against the mitigating factors, the court finds that the aggravating
factors have greater weight. The brutal and deliberate torture of
the four-year old victim was horrible beyond words. The defendant
had numerous opportunities to stop and seek help. Her severe
Borderline Personality Disorder has been with her since her
childhood.
There is no evidence that she has
ever acknowledged that she has a problem or sought treatment,
despite her employment problems, failed relationships, and inability
to get along with other people. Because she has never acknowledged
her problems in the past, there is no reason to hope that she will
persevere with treatment or that treatment will be successful in the
future. The lack of a prior criminal record is a substantial
mitigating factor. However, without successful treatment, there is
reason to fear that the crime will be repeated. The defendant was
preparing for a career as a daycare provider and would have faced
the challenge of defiant children in that context. Defiant,
disrespectful children are an unfortunate fact of life, which the
defendant would undoubtedly encounter if released from prison.
Defendant continues to minimize her involvement in the crime and has
failed to present to the court a coherent explanation of the events
that led to Aiyana’s death. The court therefore finds that the
defendant’s plea of guilty was not a true acceptance of
responsibility and has little weight in mitigation.
For all these reasons, the court
finds that the defendant shall be sentenced to life in prison
without parole on Count I, Murder.
William Robinson speaks to the
Court in the presence of the defendant as a representative of the
family and friends of the victim. Cassandra Robinson addresses the
Court as a victim of the crime.
The Court having considered the
pre-sentence report now finds as follows:
IT IS ORDERED AND ADJUDGED that the
defendant, Michelle Gauvin, be, and she hereby is, sentenced to the
Indiana Department of Correction for life without parole for the
crime of Murder, as charged in Count I.
IT IS FURTHER ORDERED AND ADJUDGED
that the defendant be, and she hereby is, sentenced to the Indiana
Department of Correction for a period of twenty (20) years for the
crime of Confinement, as charged in Count IV, a Class B felony.
IT IS FURTHER ORDERED AND ADJUDGED
that the defendant be, and she hereby is, sentenced to the Indiana
Department of Correction for a period of twenty (20) years for the
crime of Neglect of a Dependent, as charged in Count V, a Class B
felony.
IT IS FURTHER ORDERED AND ADJUDGED
that said sentences of imprisonment shall run consecutively.
IT IS FURTHER ORDERED AND ADJUDGED
that the defendant pay the costs of this action.
The Court now finds that the
defendant is entitled to a credit of 587 days, with an equivalent
amount of good time, for time spent in confinement while these
charges were pending.
On motion of State, remaining
counts, Count II, Neglect of a Dependent, as an A felony, and Count
III, death penalty are dismissed.
The Court, having sentenced the
defendant, now advises her pursuant to Criminal Rule 11 of the
Indiana Rules of Procedure concerning her right to challenge the
judgment of conviction and the sentence herein and her right to
counsel at public expense for the purpose of taking an appeal.
The defendant, Michelle Gauvin,
having indicated her desire to appeal, and the Court having found
that the defendant is financially unable to employ an attorney, the
Court now appoints Kevin O’Reilly to represent the defendant in her
appeal.
The Court finds the defendant is
indigent and directs the court reporter to prepare a transcript of
the evidentiary portions of the trial, designated by trial counsel,
at public expense.
The Clerk is directed to issue a
certified copy of this Order to the Sheriff of Tippecanoe County,
together with a copy of the pre-sentence report of the Tippecanoe
County Probation Department, to be transmitted with the prisoner to
the Indiana Department of Correction. The Sheriff of Tippecanoe
County is charged with the execution of the foregoing judgment.
The Clerk is further directed to
send a certified copy of this Order, pre-sentence report (without
attachments) and copy of abstract of judgment to Department of
Correction.
Copy to counsel, Sheriff, and
Tippecanoe County Probation Department. kb
DATED: October 26, 2006
____________________
Thomas H. Busch
Judge
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