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State Supreme Court overturned first conviction in May

Accused murderer to represent himself

Accused murderer to represent himself
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CROWN POINT | Andrew Watts? is scheduled to represent himself against felony involuntary manslaughter and reckless homicide charges, Lake County Criminal Court records show.

The former FBI informant was convicted in 2005 of voluntary manslaughter for the Aug. 23, 2003, shooting death of Roy C. Atkins, Jr., 23. Atkins was shot three times following an altercation at Face to Face Lounge in Gary, authorities said. A 28-year-old female patron was shot once in the leg, which led to Watts' criminal recklessness conviction.

Watts, 30, of Gary, was a Gary Response Investigative Team informant when the shooting occurred.

A divided Indiana Supreme Court threw out the voluntary manslaughter conviction against Watts in May, citing trial error by Lake County Superior Court Judge Salvador Vasquez. The 3-2 ruling erased a 47-year prison sentence.

Lake County prosecutors filed the new charges against Watts in late August, court records show.

At issue was Vasquez's decision to allow prosecutors, who originally sought a murder conviction, to provide jury instructions on the charge of voluntary manslaughter over the objection of Watts' attorneys. A charge of voluntarily manslaughter was warranted, the Supreme Court majority ruled, because there was no mitigating evidence presented to suggest Watts acted in the heat of the moment.

After the conviction was overturned, Justice Theodore Boehm said a new murder charge was not an option because Watts' voluntary manslaughter conviction was equivalent to a murder acquittal under Indiana law. Watts could have been retried for voluntary manslaughter, but Boehm said the absence of "sudden heat" evidence at the first trial would make a conviction unlikely.

Watts' motion to represent himself this time during his jury trial was granted Monday, court records show. A date for the new trial has not yet been set.

Copyright 2012 nwitimes.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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