ASHLAND — A capital case at Ashland County Court of Common Pleas is being held up because of an argument on whether or not the defendant is indigent.
Howard Walters, 59, has been accused in the early 2023 slaying of his son-in-law, Kurtis Harstine, 41. He faces a number of charges related to Harstine’s death, including aggravated murder.
The case is being tried as a capital case, meaning prosecutors are pursuing the death penalty.
In Ohio, defendants accused of capital offenses are afforded rights such as having an extra attorney and experts.
If the defendant cannot afford the additional attorney or experts, the court is required to provide them.
Walters’ attorney, Jim Mayer III, filed a motion on Nov. 13 declaring his client indigent. The specifics into why Mayer considers Walters indigent were filed under seal.
A week later, the prosecuting team filed formal opposition, arguing Walters is, in fact, not too poor to afford additional counsel.
Visiting Judge Janet Burnside has been hearing arguments from the two legal teams ever since.
Case update
To review, Ashland County Prosecutor Chris Tunnell has said the allegations involve Walters shooting Harstine to death in January 2023 inside the house. He then allegedly took Harstine’s pickup truck and cell phone and destroyed the evidence.
Harstine was Walters’ son-in-law and was in the process of getting a divorce from his wife. Harstine’s wife is Walters’ daughter.
There have been several hearings in the case since July, both in person and virtually, but they have all been held privately, said Tina Carpenter, administrator for Ashland County Court of Common Pleas.
The Ohio Supreme Court appointed Burnside, a retired Cuyahoga County Common Pleas judge, in July shortly after Judge Dave Stimpert recused himself from hearing the case.
Stimpert said he recused himself because of a conflict that came from his time in private practice.
Judges are, by law, allowed to hold private hearings, Tunnell said.
“As long as there’s nothing coming of it — no motions are decided,” he said. “It’s the equivalent of showing up to court and the judge calling the attorneys in chambers to discuss something.”
A unique situation
The most recent capital case in Ashland County took place in 2018, when Shawn Grate was sentenced to death and a minimum of 90 years to life in prison for the slayings of Stacey Stanley and Elizabeth Griffith.
Grate was found to be indigent, Tunnell said. In that case, the “county paid $115,734.30 for attorneys, experts and specialists,” court records show.
“Typically the defendant doesn’t have assets, the judge appoints attorneys, you free up money for experts and off you go. Everybody sorta recognizes what that looks like,” Tunnell said.
Walters’ case is a bit murkier, he said.
In Tunnell’s motion arguing against Walter’s indigent status, he pointed to Walters’ liquid assets in the amount of $175,500, primarily derived from EmRoMoW LLC.
Walters and his wife created the limited liability corporation in 2015, according to state filings. Tunnell said the business owns rental properties that were purchased between 2016-2022.
Judge Stimpert, who practiced private law back then, is listed on EmRoMow LLC’s articles of organization, according to state corporation filings.
But things got more muddy when Walters’ wife filed for a divorce. Court records show the couple is entangled in a legal separation that began with a filing on Nov. 21, 2023.
The next hearing for that case is scheduled for Jan. 24.
Court records show the divorce has led to the freezing of the couple’s assets.
That complicates things, Tunnell said.
“There’s a lot of legal process happening,” Tunnell said, adding he and Walters’ attorney, Mayer, are in the weeds with what it means to be indigent.
But all those hearings, so far, have been held privately. So the public is limited to gleaning new information from motions filed under the case.
“Frankly, this is sorta new ground for everybody. It’s rare that you have someone in this status,” Tunnell said of Walters.
Meanwhile, the Ashland County Court of Common Pleas has planned for the money should it ever be needed. The budget reflects $125,000 earmarked for “capital case fees.”
The next hearing in Walters’ case is scheduled for March 22.