Stayer pleads guilty

By Nick McLain/Times Sentinel writer

LEBANON — — Michael Stayer pleaded guilty Thursday, Dec. 17, to voluntary manslaughter, a Class A felony, in the killing of his ex-wife, Beth Stayer, in Boone County Circuit Court, and could serve up to 43 years.

It was part of a plea agreement reached between Stayer’s attorney, Jim Voyles, and Boone County Prosecutor Todd Meyer. Stayer also pleaded guilty to neglect of a dependent, a Class D felony, for committing the violent act in the presence of his 5-year-old son.

Stayer will serve consecutive terms of 40 years for the manslaughter charge and the maximum three years on the neglect charge. Stayer, 32, will be eligible for a parole hearing in 21-1/2 years.

Judge Steve David accepted the plea agreement and set the formal sentencing for 9 a.m. Feb. 17, 2010.

The plea agreement allows Stayer to accept the lesser charge of voluntary manslaughter over murder, which carries a recommended sentence of 55 years and as much as 65 years. The other six charges against Stayer were dropped, including aggravated battery, battery resulting in a serious bodily injury, domestic battery and another neglect of a dependent count.

The existence of sudden heat (an act committed in the heat of passion) is the mitigating factor that reduces what otherwise would be murder to voluntary manslaughter, according to the plea agreement.

Meyer said the plea negotiations had been going with Voyles for almost a month. Meyer started the negotiating process, telling Voyles that the prosecution needed enough time in advance of the February trial date to prepare Stayer’s son to be a witness.

“I gave a deadline to Jim Voyles, and I basically said, ‘You’ve got until basically mid-December,’” Meyer said. “That would give the time to prepare (the boy). I told (Voyles), when I have to start talking with (the boy), any plea agreement negotiations are over. Fortunately, they accepted the plea agreement in that time frame and saved me the burden of having to go through with preparing (the child) for trial.”

Whitestown Police Chief Dennis Anderson, whose department handled the investigation, said he was satisfied with the outcome.

“We are (satisfied) from the standpoint that it’s going to keep the child from being exposed and having to go through this traumatic event again,” Anderson said.

A statement to the press from Voyles said:

“Michael’s plea agreement came after careful consideration of all the circumstances in this case. On behalf of the Stayer family, we deeply regret that this tragic incident has occurred. We want to express our continued love and support for their two wonderful children. We would also like to express our condolences to the family of Beth Stayer and her many friends and colleagues. The Stayer family would like to thank all family members for their support during this difficult time.”

A brief recess was called to work out a separate agreement with the Department of Child Services and Stayer. The DCS agreed to not terminate Stayer’s parental rights in return for cooperation with Meyer to get the case resolved.

Stayer also agreed to let Beth’s father, Ed Risch, have guardianship of the two children — the boy and his 2-year-old sister.

“He’ll be imprisoned for a significant amount of time, he’ll be required to register as a violent offender in the state on his release from prison, and he won’t be released until the children are adults,” Meyer said. “They’ll be able to choose for themselves at that time what, if any, relationship they will have with him. Along the way, growing up, they’ll be raised by Beth’s family.”

Becky Risch, Beth Stayer’s sister, made a brief statement after the hearing.

“We would just like to say thank you to the Boone County Prosecutor for all the help and support in keeping us informed on the case,” Risch said. “Also, thanks to the Zionsville Police Department, the Whitestown Police Department, Chief Anderson, and the Boone County Sheriff’s Department and all those involved.”

She added, when asked by media, that the children were doing great.

Meyer, a father himself, said it was emotional for him, taking the boy’s welfare into account.

“I’ve got a little boy just the same age, and I have twin boys the same age as (Stayer’s 2-year-old daughter), so this is very real to me,” he said.

Meyer was asked if the death penalty was ever considered. He said none of the details of the case met the aggravating factors that qualify for a capital case in Indiana. He added, however, that he was seeking to make murder in front of a child one of those aggravating factors in future cases in the state.

“I have put together legislation, and I’ve presented it to Boone County legislators, and I am told that it will be taken to the statehouse by Senator (Phil) Boots and by Representative (Jeff) Thompson for consideration as to whether or not the state should make killing a human being in the presence of a child a crime eligible for capital punishment,” Meyer said.

He added that the Stayer case brought to light this “gap in the law” that he sought to change.

“The impact upon children, witnessing something that horrific in nature, I can’t imagine anything much worse,” he said.

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