Indianapolis woman convicted in murder-for-hire case
Jury finds woman guilty but mentally ill; she claimed entrapment
By Jon Murray
jon.murray@indystar.com
A jury Wednesday convicted an Indianapolis woman of conspiracy to commit murder in a case brought after she paid an undercover police officer to kill her ex-husband.
D'Antonette Burns, 35, was locked in a custody dispute over the couple's son. During an episode that lasted six weeks, she paid $3,000 and provided a gun to the detective before her arrest in September 2007 at Southwestway Park.
The jury returned a verdict of guilty but mentally ill. Burns faces 20 to 50 years in prison at sentencing Dec. 18.
Jurors began deliberations about 4:30 p.m. and announced their verdict about 8 p.m.
Prosecutors and her defense attorney painted starkly contrasting pictures of her mental state during the three-day trial this week before Judge Sheila A. Carlisle in Marion Superior Court.
Burns was either a cold, calculating woman hell-bent on killing her ex-husband -- or a battered woman whose vulnerability made her the perfect prey for an aggressive sting.
Her attorney, Kimberly Devane, said the sting amounted to entrapment. It began when a friend of Burns' told her ex-husband, Robert H. Mays Jr., that Burns was seeking a hit man.
Burns also pressed an insanity defense, arguing that physical abuse by Mays toward Burns and their son, Robert III, now 4, clouded her judgment and propelled her into the trap.
In testimony, Burns said the friend who alerted Mays, Jaja Endsley, was the one to suggest hiring a hit man. Once the presumed hit man called, she said, she feared he would harm her if she backed out.
"I don't know how to explain it," Burns said. "I knew it wasn't right. But then, I felt like I didn't have a choice -- like it was (Mays) or me."
Deputy Prosecutors John Keiffner and David Wyser disputed the defense claims, saying there was no concrete evidence of abuse against the boy. A judge acquitted Mays of domestic battery in a case involving Burns, and he won primary custody of their son in the divorce that ended their marriage.
Two court-appointed psychiatrists told the jury that they believed Burns, who had a history of depression, was aware of the wrongfulness of her actions.
"She knew what she was doing," Keiffner said, "and she made a choice."
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