Indianapolis, IN—According to a press release from the Ripley County Prosecutors Office, on December 23, 2019, the Indiana Supreme Court declined to accept the transfer of the Court of Appeals’ decision that resulted in the dismissal of murder charges against Nathaniel Walmsley. The Supreme Court’s denial formally ends the State’s ability to appeal the Court of Appeals’ decision and ensures that Walmsley will not face a murder charge for injecting his wife, Rachel Walmsley, with drugs that resulted in her death.
The story began in July of 2017 when Nathaniel and Rachel were hosting a family barbeque at their residence when Nathaniel injected both himself and Rachel with a syringe filled with what they believed to be heroin. The results of Rachel’s autopsy later confirmed that the substance was actually fentanyl, a synthetic opioid pain reliever that is 50 to 100 times more potent than morphine.
The Ripley County Prosecutor’s Office charged Walmsley with felony murder for injecting his wife with a lethal dose of fentanyl resulting in her death. Felony murder occurs when another person is killed during the commission of certain felonies including the dealing of drugs.
A motion to dismiss was filed by Walmsley and was denied by the trial court. On August 29, 2019, following an oral argument before the Court, the Indiana Court of Appeals found that Ripley Circuit Court Judge Ryan King abused his discretion when denying the dismissal of the felony murder charge.
Following the Court of Appeals’ decision, the Indiana Attorney General’s Office, who represents the State in all criminal appeals, requested that the matter be transferred to the Indiana Supreme Court. Prior to a case being accepted by the Supreme Court, a vote is conducted by the five members to determine whether they are interested in the case being transferred to them. On December 23, 2019, the Court voted 3-2 in favor of not accepting the transfer of the case resulting in the Court of Appeals decision becoming final. With felony murder no longer an option, Walmsley was charged with allegations of Possession of a Narcotic Drug and Neglect of a Dependent.
