05022011 - News Article - Trial date set in Portage killing

Trial date set in Portage killing
Post Tribune
May 2, 2011 - 5:36PM
Updated: August 4, 2011 - 4:20PM
http://posttrib.suntimes.com/news/5150108-418/trial-date-set-in-portage-killing.html

VALPARAISO — The rural Valparaiso man accused of killing his wife with eight shots from an AK-47 rifle on April 24 is scheduled for trial on Oct. 31.

Porter Superior Court Judge Roger Bradford set the trial date Monday for Fredrick C. Cashner Jr., 54, who is accused of one count of murder. The charge carries a prison sentence of 45 to 65 years.

Cashner said little during his initial hearing Monday afternoon, done by video feed from the Porter County Jail.

He acknowledged most questions with "yes."

Whether Cashner will hire a private attorney or whether he’ll have a public defender wasn’t clear.

"I don’t know at this time," he said to Bradford, his first multi-word answer on the record.
The judge set June 20 as an attorney status date.

Four people who sat in the courtroom during the hearing — an older man and woman and two young men — declined to talk about why they were there.

Cashner is accused of killing Cynthia Cashner, 50, with the high-powered rifle after breaking into her herb business, Mystic Moon, at 5830 U.S. 6.

Police became aware of trouble there about 10:22 p.m. on April 24, when someone called 911, court documents state.

The 911 dispatcher heard heavy breathing but got no response to questions or repeated hellos.
In a tape of the call, a man said, "it’s too late," which was followed by more gunshots.

Police arrived and found the front door’s security glass shattered, blood on the wall and Cynthia Cashner dead on an air mattress.

Court records and acquaintances said she slept in the business office because of trouble at home.

She filed for divorce on March 23, 2011, and on April 5, Magistrate James Johnson’s court filed a provisional order that divided some assets before the divorce went to court.

Fredrick Cashner allegedly called his estranged wife’s son soon after the 911 from Mystic Moon and said he shot Cynthia and the son should call 911.

Because the charge is murder, Cashner is not eligible for bond under Indiana law, Bradford said.

Asked if he had any further questions, Cashner replied to Bradford with his only other multi-word answer, "not at this time."

The labored breathing continues for several more seconds, then it cannot be heard further."