Murder Cases Connected To Drug Overdose Death Likely To Drag On

Friday, September 21, 2018 at 8:06 AM

By Mike Perleberg @mikedup84

A woman died of a heroin overdose at a family barbecue in Batesville in 2017. Her husband and a drug dealer are charged with murder.

James Trimnell (left) and Nathaniel Walmsley. Photos by Ripley County Sheriff's Office.

(Batesville, Ind.) - The cases of two men charged with murder for the drug overdose death of a woman are likely to languish in Indiana courts for a while.

Nathaniel Walmsley and Alvin Trimnell were charged last November after Walmsley’s wife, 36-year-old Rachel Walmsley, died of a heroin overdose at a family barbecue in Batesville in July of 2017. Trimnell was the alleged dealer who sold the deadly dose to the Walmsleys.

Murder charges are rare for drug overdose deaths in Indiana. Ripley County Prosecutor Ric Hertel said at the time the charges were filed that he believed it is the first time a murder charge has been filed based on an overdose death in Indiana.

However, state law does allow a person to be charged with felony murder when a death occurs while that person is committing or attempting to commit a crime. The statue applies to drug dealing.

Hertel said Thursday a recent motion Nathaniel Walmsley to dismiss the case was denied by a judge on September 10.

Trimnell also lost a motion to dismiss earlier this year, with that decision currently under review by the Indiana Court of Appeals.

Hertel expects Walmsley to appeal the decision on his motion to dismiss, as well.

“There are some similar issues in both cases but some stark differences exist too,” Hertel said in a news release to local media. “It seems to make sense to resolve these issues prior to any trial locally. Ultimately, the higher Courts in Indiana will address these issues and the State will move forward as the decisions are rendered. Our direction will be dictated by their decisions.”

The trial dates for Trimnell and Walmsley have been vacated pending the higher court decisions. Each man faces 45 up to 65 years if convicted of murder.