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| Court Overturns Death Sentence of Man Who Shot Officer |
| By Associated Press |
| Published: 11/26/2002 |
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The Indiana Supreme Court has overturned the death sentence of a black man convicted of killing a Gary policeman, finding that a computer glitch resulted in no blacks serving on the jury that sentenced him to death. In its 3-2 ruling, the court said that 'the jury pool selection process was fundamentally flawed' when Rufus Averhart was sentenced to death in 1996. This the second death sentence that has been overturned for Averhart, who changed his name to Zolo Agona Azania after entering prison. The court's ruling means more hearings will be needed to determine Azania's sentence for the 1981 murder of Gary Police Lt. George Yaros. Lake County prosecutor Bernard Carter will decide whether the death penalty again will be sought, according to a statement released by the Indiana attorney general's office. On Aug. 11, 1981, Azania, two companions and Yaros became embroiled in a shootout behind a Gary National Bank branch after a robbery. Azania fatally shot Yaros at close range after the officer collapsed from another gunshot wound. He was sentenced to death in 1982, but that sentence was overturned, only to be imposed again in 1996 by another jury. The state Supreme Court threw out Azania's first death sentence in 1993, citing ineffective counsel. A new penalty phase was held in 1996 in Allen County, where the original trial had been held because of pre-trial media coverage. The new jury again recommended the death penalty and the judge sentenced Azania to die by lethal injection. But last year the high court ruled that Azania could challenge his second death sentence based on the computer error. Allen County officials said a computer glitch discovered in late 1996 caused many Wayne Township voters to be omitted from lists of potential jurors. The township, which encompasses south-central Fort Wayne, is home to more than 70 percent of Allen County's black population. The jury that recommended the second death sentence included no blacks and was composed of 11 whites and one Hispanic. After learning of the glitch, Azania's attorney, Michael Deutsch, sought to overturn the conviction and the sentence, citing a jury pool that did not reflect a cross-section of the community. |
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