— Caitlin Wardlow/Tribune-Courier || George Luna, accused of murder and first-degree arson, wept as photos of he and his children were shown during testimonial from his sister.

Luna found guilty of murder, first-degree arson

Request for
mistrial by
defense denied
by Foust

By Misti Strader
Tribune-Courier News Editor
mstrader@tribunecourier.com

BENTON – There was a somber air in the Marshall Circuit Courtroom last week during the trial of George Luna, accused of murder and first-degree arson in the Debra Hendrickson slaying last year.

Last Tuesday, day one of the four-day trial, a panel of 32 jurors was seated and questioned regarding their ability to remain impartial throughout the course of the hearing. A final jury of 12 was selected, with an additional two alternates.

On day two of the trial, the prosecution, led by Commonwealth Attorney Mike Ward, presented opening arguments in which Ward said to the jury, “Luna reportedly bragged to others in Illinois about fires he set back home. They say he made them all look like accidents. George Luna had plenty of motive in this case; he was a freeloader, and when he didn’t get his way, his answer was to burn people out.“

Luna’s public defender, Graves County attorney Robin Erwin, followed the prosecution with his opening statement, as he addressed the jury and a tearful group of courtroom spectators by saying, “It sounds bad, but the evidence in this case will not come from his (Ward’s) mouth or mine. My client (Luna) is not a ‘stray cat’ as suggested by the prosecution. He is a compassionate human-being who has his flaws. No one is perfect. I ask that you focus on the cold hard facts in this case. The evidence in this case is circumstantial, with the burden of proof having to be beyond a reasonable doubt.”

After opening arguments, the prosecution began by calling their first in a series of 28 witnesses, a Marshall County E-911 dispatcher, one of two on duty the night of Hendrickson’s murder.

Taped conversations between the dispatchers and Luna were played aloud in the courtroom.

The first call came into dispatch at 6:24 p.m., Sept. 8, 2007.

An intoxicated Luna could be heard describing leaving Hendrickson’s house, then going back and “finding flames in the home.” Luna called back at a later time but said he didn’t know where the house was located, nor, he said, did he know the last name of the owner of the home.

Luna later admitted to having consumed 15 or 16 beers prior to making those 911 calls.

The prosecution then called Marsha Penny, Director of Marshall County E-911 Dispatch, who testified Luna’s cellular calls were received through a tower located in Draffenville, refuting Luna’s statement to dispatchers that he was not in the area at the time the calls were made.

Kentucky State Fire Marshall Bill Compton was called in to tell jurors specifics about the nature of his arson investigation. He confirmed accelerants were used to start the fire, and illustrated his point by drawing attention to the v-shape burn pattern left in the structure, a signature mark of such.

Compton identified the origin of the fire in photographs as being located at the bottom center of the v-shape, and told jurors the fire’s point of origin was also the location where Hendrickson’s body was found.

Witnesses for the prosecution continued to take the stand one by one, including friends of Hendrickson and a former Marshall County deputy who testified as to seeing bruises and marks on Hendrickson’s face, chest and arms, as well as knots on her head during the time period Luna was living with her in her home.

Two friends of Hendrickson also stated that Luna, in a late night conversation, offered to “burn out” a neighbor accused of molesting their child.

Neighbors in the area of Hendrickson’s house were brought in to testify they’d seen Hendrickson’s truck pull into the driveway of her home sometime around 6 p.m. the night of the murder and then witnessed the vehicle leaving approximately 15 minutes afterward.

On day three, several Illinois police officers took the stand, presenting some of the most damaging testimony in the case. Upon cross-examination by the defense, one of the officers was able to testify to a prior incident involving Luna, which would not typically be allowed to be presented as evidence; however, the line of questioning by the defense opened the door for the testimony.

Objections from Erwin were repeatedly overruled by Foust, including Erwin’s request for a mistrial.

The officer testified about a night where he and other officers had been called to the scene of an armed home invasion where Luna reportedly fired shots at law enforcement with a long rifle.

The jury also heard testimony of Luna’s assault on another Illinois officer. Luna reportedly told the officer “he did not know who he was messing with” and “he would hunt him down and kill his family.”

Additionally, testimony revealed Luna had suffered a fall and subsequent laceration on his head while in custody with Illinois police, which the defense argued was police brutality; however, officers testifying stated Luna was approaching them when he was pushed back in self-defense.

All officers involved testified that Luna had a strong odor of gasoline on his clothing at the time of his arrest.

Jurors were then shown a two-hour taped police interview between Luna and lead detective Matt Hilbrecht performed in Marion, Ill., the day after Hendrickson‘s murder.

Several contradictions were addressed by Hilbrecht between Luna’s statement the following day surrounding his involvement and the information he gave dispatchers the night before.

During the calls to 911, Luna frantically claimed to have witnessed flames coming from the trailer’s window, but one day later, Luna told Hilbrecht he didn’t think there was a fire at all, that it was simply a figment of his imagination, a result of his intoxicated state. He described what he saw as a “glow.”

Testimony from the prosecution continued through the rest of the afternoon, followed by a wrap-up by prosecution and a changeover to defense.

Erwin put his single witness on the stand, an investigator working alongside the team on the case.

Based on an independent study he himself had conducted, he testified the time necessary to travel from Hendrickson’s house to the point where Luna was stopped by police, was one hour and one minute. Which, based on the defense’s time line, would have meant Luna was not in the area of Hendrickson’s house at the time of the murder. The defense rested after the testimony. Luna did not take the stand.

On day four of the trial, closing arguments from the defense were presented to the jury.

Erwin plead with the jury to consider his client a man simply trying to find work and provide for his three children. He asked that they consider Luna’s desire to hold his children in his arms again.

Erwin further suggested the prosecution had “an interesting strategy. Forget about logic,” he said. “If you don’t have actual proof, one way to spin the record is to point to the accused and bring in witnesses to talk about how bad he is.”

Among Erwin’s reasons for justifying Luna’s stated contradictions were Luna’s intoxicated state the night of the murder, as well as the fact that he was in pain after receiving four stitches in his head the day he was interviewed by Hilbrecht.

Additionally, Erwin said jurors may also consider post traumatic stress syndrome as a possible reason for the inconsistencies.

Erwin suggested Illinois police testimony was tainted as they had a vested interest in seeing a guilty verdict. He said the officers were trying to prevent a potential police brutality investigation.

Erwin ended his closing statement by asking jurors for a verdict of “not guilty” on both counts.

Ward followed with his closing statement saying, “Mr. Erwin did make the point that Luna has three children he would like to hold in his arms once again, but I can’t help but think this family (pointing to Hendrickson’s family members in the courtroom) would like to be able to hold their loved one again, as well.” Ward continued by saying, “the defense has alluded to a mystery killer, and obviously it was not his client who killed Debra. If this is so, Luna’s calls don’t make sense.”

Ward reminded the jury of Luna’s conflicting testimony in which he stated he had seen Hendrickson “on the porch drinking beer” one time, and then said on another date she was not on the porch at all and there were flames coming from her home.

“So, when in between those times, did the mystery killer appear? It can’t be both ways,” Ward said.

“From the evidence, you know Luna is an intentional killer and that he started this fire intentionally. He was up in Illinois just an hour later without a shirt, smelling of gasoline, assaulting police officers and running as fast as he could to get away from the scene of the crime.

“I don’t know his motive, but I know his mode of operation,” Ward said, “and when things aren’t going his way, he either burns it up, burns it down or burns them out.

“On Sept. 8 of last year, Debra Hendrickson, through no fault of her own, lost her life. She will never see her friends and family again. Luna will see his family again, no matter what the punishment.”

Regarding arson charges, Ward told jurors five points most clearly indicate Luna’s guilt of first-degree arson.

First, he said, “Gasoline was used to start fire. Gasoline was found on Luna’s clothing and on his shoes the night of the murder.”

Secondly, Ward said, based on testimony, “Luna is considered to be a regular arsonist, including setting his own car on fire and asking Debra to lie and collect the insurance money for him.”

Ward then told jurors that “Luna is experienced in the particulars of setting fires,” and reminded them of testimony given indicating Luna allegedly offered to ‘burn someone out.’”

In closing, Ward asked the jury why, in spite of knowing there was a fire in what could have been considered Luna’s only home, he chose to flee the scene.

The case was handed to the jury around 10:30 a.m. Friday. Around noon, the jury asked to review four tapes of witness testimony, as well as to hear Luna’s calls to 911 again. The jury also inquired as to specific sentencing guidelines as it pertains to the various degrees of guilt.

It was shortly after 2:30 p.m. when the jury returned a guilty verdict in the case. Luna was found guilty of murder and first-degree arson. The penalty phase of the trial ensued.

In opening statements, the Commonwealth called a probation and parole witness who recapped Luna’s prior record with law enforcement. Among the incidents were charges of burglary amended to trespassing, soliciting prostitution, criminal trespass amended to criminal damage to property, aggravated intimidation, another charge of criminal damage to property and numerous traffic violations.

Ward then called Hendrickson’s niece to tell jurors of how the family’s life has been changed in the wake of her death. “My aunt went through a very hard battle with cancer, got up everyday, went to work and kept a smile on her face. I have had to explain to my children where their Aunt Debbie is. Now they know the only place she will ever be is in their heart.”

Lastly, a final 911 tape was played. Ward’s introduction said the recording is as if Debra Hendrickson was speaking directly from the grave. As the tape was played, an eerie silence fell within the courtroom. It was Debra’s voice, calling and telling dispatchers that if her home were to be burned down, Luna should be held responsible. “I have to go to work at Wal-Mart tomorrow,” she said. “I just wanted y’all to know.”

The call was made just eight days before her death and had been ruled as inadmissable evidence prior to the trial. It was the first time jurors had heard the tape.

The defense then stated their plea as they called Luna’s sister to the stand.

Video slides took jurors through the life of Luna through his sister’s eyes. An emotional Luna broke down as photos of he and his daughters filled the large screen projector.

After emotion-filled testimony from Luna’s sister, Ward cross-examined and he asked if she was aware Luna and his children’s mother had separated shortly after he broke her arm. She said she was not aware of such. Ward then asked his sister if she was aware there was a domestic violence order against Luna and that he had broken windows out of her car. The witness responded, “no.”

The jurors were released for final deliberation shortly before 4 p.m. and returned a recommendation of two life sentences.

Foust scheduled final sentencing for Sept. 2.