SUBROSA INDICTMENT ON HOWARD WALTERS FOR AGGRAVATED MURDER
Joe Lyons •
July 21, 2023
SUBROSA INDICTMENT
ASHLAND COURT OF COMMON PLEAS
23-CR1-188 THE STATE OF OHIO ASHLAND COUNTY
Of the 3rd Partial in the year two thousand twenty three THE JURORS OF THE GRAND JURY OF THE State of Ohio, within and for the body of the County aforesaid, on their oaths, in the name and by the authority of the State of Ohio, do find and present that HOWARD DWAYNE WALTERS (SSN: XXX-XX-4457; DOB: 08/22/1964) (IA: Ashland County Sheriff’s Office) did:
COUNT ONE: AGGRAVATED MURDER (Section 2903.01(A), 2929.02(A) of the Ohio Revised Code), an unclassified felony. In that on or about January 26, 2023, in Ashland County, Ohio, Howard Dwayne Walters, did purposely, and with prior calculation and design, cause the death of Kurtis Harstine, in violation of Ohio Revised Code Section 2903.01(A), 2929.02(A), AGGRAVATED MURDER an unclassified felony.
SPECIFICATION ONE TO COUNT ONE: (Section 2941.145(A) of the Ohio Revised Code) The Grand Jurors further find and specify that the offense as stated in Count One was committed while the said Howard Dwayne Walters had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense.
SPECIFICATION TWO TO COUNT ONE: (Section 2929.04(A)(7) of the Ohio Revised Code) The Grand Jurors further find and specify that the offense as stated in Count One was committed while the said Howard Dwayne Walters was committing, attempting to commit, or fleeing immediately after committing or attempting to commit Aggravated Burglary and/or Aggravated Robbery and/or Burglary – Trespass in a Habitation When a Person is Present or Likely to be Present, and either the said Howard Dwayne Walters was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design.
COUNT TWO: AGGRAVATED MURDER (Section 2903.01 (B), 2929.02(A) of the Ohio Revised Code), an unclassified felony. In that on or about January 26, 2023, in Ashland County, Ohio, Howard Dwayne Walters, did purposely cause the death of, Kurtis Harstine while committing, or attempting to commit, or while fleeing immediately after committing or attempting to commit the offense of Aggravated Burglary and/or Aggravated Robbery and/or Burglary – Trespass in a Habitation When a Person is Present or Likely to be Present, in violation of Ohio Revised Code Section 2903.01(B), 2929.02(A), AGGRAVATED MURDER an unclassified felony.
SPECIFICATION ONE TO COUNT TWO: (Section 2941.145(A) of the Ohio Revised Code) The Grand Jurors further find and specify that the offense as stated in Count Two was committed while the said Howard Dwayne Walters had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense.
SPECIFICATION TWO TO COUNT TWO: (Section 2929.04(A)(7) of the Ohio Revised Code) The Grand Jurors further find and specify that the offense as stated in Count Two was committed while the said Howard Dwayne Walters was committing, attempting to commit, or fleeing immediately after committing or attempting to commit Aggravated Burglary and/or Aggravated Robbery and/or Burglary – Trespass in a Habitation When a Person is Present or Likely to be Present, and either the said Howard Dwayne Walters was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design
COUNT THREE: AGGRAVATED BURGLARY (Section 2911.11(A)(1), 2911.11(B) of the Ohio Revised Code)a felony of the first degree.
In that on or about January 26, 2023, in Ashland County, Ohio, Howard Dwayne Walters, did, by force, stealth, or deception, trespass, as defined in section 2911.21(A)(1) of the Revised Code, in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when Kurtis Harstine, a person other than the accomplice, was present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, to wit: Aggravated Murder and/or Murder and/or Aggravated Robbery and/or Felonious Assault and/or Theft, O.R.C. 2903.01(A) and/or 2903.01(B) and/or 2903.02(A) and/or 2903.02(8) and/or 2911.01(A)(1) and/or 2911.01(A)(3) and/or 2903.11(A)(1) and/or 2903.11(A)(2) and/or 2913.02(A)(1), and the offender inflicted, or attempted or threatened to inflict physical harm on Kurtis Harstine, in violation of Ohio Revised Code Section 2911.11(A)(1), 2911.11(B),AGGRAVATED BURGLARY, a felony of the first degree.
SPECIFICATION ONE TO COUNT THREE: (Section 2941.145(A) of the Ohio Revised Code)
The Grand Jurors further find and specify that the offense as stated in Count Three was committed while the said Howard Dwayne Walters had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense to wit: the Kurtis Harstine residence located at 571 Township Road 851, Ashland, Ohio, 44805
COUNT FOUR: AGGRAVATED BURGLARY (Section 2911.11(A)(2), 2911.11(B) of the Ohio Revised Code)a felony of the first degree.
In that on or about January 26, 2023, in Ashland County, Ohio, Howard Dwayne Walters, did, by force, stealth, or deception, trespass, as defined in section 2911.21(A)(1) of the Revised Code, in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when Kurtis Harstine, a person other than the accomplice, was present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, to wit: Aggravated Murder and/or Murder and/or Aggravated Robbery and/or Felonious Assault and/or Theft, O.R.C. 2903.01(A) and/or 2903.01 (B) and/or 2903.02(A) and/or 2903.02(B) and/or 2911.01(A)(1) and/or 2911.01(A)(3) and/or 2903.11(A)(1) and/or 2903.11(A)(2) and/or 2913.02(A)(1), and the offender had a deadly weapon or dangerous ordnance, to wit: a .45 caliber firearm, on or about his person or under his control, in violation of Ohio Revised Code Section 2911.11(A)(2), 2911.11(B),AGGRAVATED BURGLARY, a felony of the first degree.
SPECIFICATION ONE TO COUNT FOUR: (Section 2941.145(A) of the Ohio Revised Code)
The Grand Jurors further find and specify that the offense as stated in Count Four was committed while the said Howard Dwayne Walters had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. to wit: the Kurtis Harstine residence located at 571 Township Road 851, Ashland, Ohio, 44805
COUNT FIVE: AGGRAVATED ROBBERY (Section 2911.01 (A)(1), 2911.01(C) of the Ohio Revised Code)a felony of the first degree.
In that on or about January 26, 2023, in Ashland County, Ohio, Howard Dwayne Walters, did, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense upon Kurtis Harstine did have a deadly weapon, to wit: a .45 caliber firearm, on or about his person or under his control and either displayed the weapon, brandished it, indicated that he possessed it, or used it, in violation of Ohio Revised Code Section 2911.01 (A)(1), 2911.01(C), AGGRAVATED ROBBERY, a felony of the first degree.
SPECIFICATION ONE TO COUNT FIVE: (Section 2941.145(A) of the Ohio Revised Code)
The Grand Jurors further find and specify that the offense as stated in Count Five was committed while the said Howard Dwayne Walters had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. to wit: the unauthorized use of a 2016 Ford F150 truck with VIN # 1FTEW1EP6GFB24815 and Ohio license plate no.391ZFB belonging to Kurtis Harstine and/or the theft of one (1) cellular phone belonging to Kurtis Harstine
COUNT SIX: AGGRAVATED ROBBERY (Section 2911.01(A)(3), 2911.01(C) of the Ohio Revised Code)a felony of the first degree.
In that on or about January 26, 2023, in Ashland County, Ohio, Howard Dwayne Walters, did, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense upon Kurtis Harstine inflicted, or attempted to inflict, serious physical harm on Kurtis Harstine, in violation of Ohio Revised Code Section 2911.01(A)(3), 2911.01(C), AGGRAVATED ROBBERY, a felony of the first degree.
SPECIFICATION ONE TO COUNT SIX: (Section 2941.145(A) of the Ohio Revised Code)
The Grand Jurors further find and specify that the offense as stated in Count Six was committed while the said Howard Dwayne Walters had a firearm on or about his person or under his control while committing the offense and displayed the firearm, brandished the firearm, indicated that he possessed the firearm, or used it to facilitate the offense. to wit: the unauthorized use of a 2016 Ford F150 truck with VIN #1 FTEW1EP6GFB24815 and Ohio license plate no.391ZFB belonging to Kurtis Harstine and/or the theft of one (1) cellular phone belonging to Kurtis Harstine
COUNT SEVEN: TAMPERING WITH EVIDENCE (Section 2921.12(AX1), 2921.12(B) of the Ohio Revised Code), a felony of the third degree.
In that on or about January 26, 2023, in Ashland County, Ohlo, Howard Dwayne Walters, did, knowing that an official proceeding or investigation was in progress, or was about to be or likely to be instituted, alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation, in violation of Ohio Revised Code Section 2921.12(A)(1), 2921.12(B), TAMPERING WITH EVIDENCE, a felony of the third degree.
to wit: the said Howard Dwayne Walters discarded one (1) cellular phone belonging to Kurtis Harstine. Furthermore, by virtue of Section 2901.12 (H) of the Ohio Revised Code, the offense was committed in Ashland County, Ohio and/or Richland County, Ohio
COUNT EIGHT: TAMPERING WITH EVIDENCE (Section 2921.12(A)(1), 2921.12(B) of the Ohio Revised Code), a felony of the third degree.
In that on or about January 27, 2023, in Ashland County. Ohio, Howard Dwayne Walters, did, knowing that an official proceeding or investigation was in progress, or was about to be or likely to be instituted, alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation, in violation of Ohio Revised Code Section 2921. 12(A)(1), 2921.12(B), TAMPERING WITH EVIDENCE, a felony of the third degree.
to wit: the said Howard Dwayne Walters burned a red/orange jacket owned and possessed by the said Howard Dwayne Waiters
COUNT NINE: TAMPERING WITH EVIDENCE (Section 2921.12(A)(1), 2921.12(B) of the Ohio Revised Code), a felony of the third degree.
In that on or about January 26, 2023 through January 27, 2023, in Ashland County, Ohio, Howard Dwayne Walters, did, knowing that an official proceeding or investigation was in progress, or was about to be or likely to be instituted, alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation, in violation of Ohio Revised Code Section 2921.12(A)(1), 2921.12(B), TAMPERING WITH EVIDENCE, a felony of the third degree.
to wit: the said Howard Dwayne Walters deleted text message communications. Furthermore, by virtue of Section 2901.12 (H) of the Ohio Revised Code, the offense was committed in Ashland County, Ohio and/or Richland County, Ohio.
ASHLAND COUNTY PROSECUTING ATTORNEY CHRISTOPHER R. TUNNELL ANNOUNCES CAPITAL INDICTMENT FOR JANUARY HOMICIDE
Today Ashland County Prosecuting Attorney Christopher R. Tunnell announced that an Ashland County Grand Jury issued an indictment against Howard Dwayne Walters, D.O.B. 8/22/1964, for multiple counts relating to the death of Kurtis Harstine, D.O.B. 12/25/1981 on January 26, 2023.
The Grand Jury issued a nine-count indictment against Walters, charging him with two counts of aggravated murder, two counts of aggravated burglary, two counts of aggravated robbery and three counts of tampering with evidence.
The aggravated murder, aggravated burglary and aggravated robbery counts each have a three-year firearm specification, and the aggravated murder counts each carry a felony murder specification. If convicted of aggravated murder with a felony murder specification, Walters would potentially face the death penalty. A copy of the indictment is attached to this release.
On the morning of Friday, January 27, 2023, the Ashland Police Department was asked to conduct a welfare check on Kurtis Harstine at his residence on Franklin Avenue in the City of Ashland. There was a concern from family and friends that he had not been heard from and was missing. The investigation proceeded into the county with law enforcement officers from both the Ashland County Sheriff’s Office and the Ashland Police Department responding to 571 Township Road 851.
On the second floor of that residence the body of Kurtis Harstine was discovered. It was apparent that he had died from multiple gunshot wounds, a fact later confirmed by the Lucas County Medical Examiner. Investigation determined that Mr. Harstine was shot to death in the early evening of January 26, 2023. Mr. Harstine was in the process of divorce proceedings from his estranged wife, the daughter of Howard Dwayne Walters. The residence on Township Road 851 was previously the Harstines’ home. The charges generally allege that Walters shot Kurtis Harstine to death inside the residence on TR 581, took Harstine’s Ford F150 and cell phone and then destroyed evidence.
Prosecutor Tunnell emphasized that the charges contained in today’s indictment are merely allegations which will need to be proved beyond a reasonable doubt, and that Howard Dwayne Walters is at all times innocent until proven guilty.
Tunnell noted that this investigation has taken several months to arrive at this stage and has involved hundreds of man hours and a review of volumes of evidence produced by the investigation. The investigation was conducted and aided by the Ashland County Sheriff’s Office; Ashland Police Department; Ashland County Coroner’s Office; the Ohio State Highway Patrol Criminal Intelligence Unit; the Ohio Attorney General’s Office, Bureau of Criminal Investigation; the Ohio Attorney General’s Office, Organized Crime Investigations Commission; the Lucas County Medical Examiner’s Office; and the Ashland County Prosecutor’s Office.
Prosecutor Tunnell commented, “It is true that sometimes the wheels of justice grind slowly, but in this case they grind with coordination and precision. Ashland County residents should be proud of the fact that law enforcement is able to cooperate in a way that achieves positive results.” Tunnell cautioned, “From here the situation will proceed through court. It is an active and open case and it would be improper to comment further on the facts. All the facts will be brought to light in court. As with any homicide, this is a tragedy for those involved and our thoughts and prayers go out to those so affected.”
Walters was taken into custody this afternoon by the U.S. Marshall’s Northern Ohio violent fugitive task force with the Ashland County Sheriff’s Office and Ashland Police Department in support. He is currently in the Ashland County Jail awaiting an appearance before the Ashland County Court of Common Pleas which is expected to occur sometime next week.
Walters is represented by Attorney James Mayer, III of Mansfield.
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