DOB: 08-14-1947
DOC#: 873051 White Male

Marion County Superior Court
Special Judge Alfred W. Moellering

Prosecutor: Scott Newman, John V. Commons

Defense: Ellen O'Connor, Arnold P. Baratz

Date of Murder: February 5, 1993

Victim(s): Michael Greene W/M/43 (ISP Officer)

Method of Murder: shooting with .25 handgun

Summary: An ISP Dispatcher was requested via radio by Trooper Greene to run a records check on Tommy L. McElroy and Norman Timberlake. she responded that Timberlake was not wanted, but there was an outstanding warrant for McElroy.

Trooper Greene advised that he would be outside the car securing the subject. Two minutes later a female voice came over the radio stating, "Help. An officer's been hurt." A number of passersby along I-65 gave various eyewitness accounts. Most had seen the officer attempting to put handcuffs on a heavyset man while a skinny man with stringy hair watched nearby.

Two witnesses observed the skinny man lunge toward the officer, sticking his right hand up, and the officer fell. McElroy is a heavyset man, Timberlake is very thin.

Officer Greene was found to have died from a single gunshot wound to the chest. A muzzle burn was noted on his chest.

Later the same afternoon, an Ameritech operator received a call from a Norman Timberlake requesting to make a collect call from a pay phone. The operator was aware of the shooting, and aware that police were looking for Timberlake. She called the police, who responded to the scene of the pay phone. The man in the booth was asked his name. He responded that he had no name, and reached with his right arm.

The officers grabbed him and recovered a .25 automatic handgun from his right pocket. This gun was tested and confirmed to be the murder weapon. The man was Timberlake.

McElroy testified at trial that Timberlake shot the trooper while he was being taken into custody, then both of them jumped in the car and Timberlake said, "drive." Another man, who was with Timberlake and McElroy for a few days earlier, testified that the gun was his and Timberlake had taken the gun from him.

Conviction: Murder, Carrying a Handgun (A Misdemeanor) Escape (B Felony) dismissed upon State's request at trial.

Sentencing: August 11, 1995 (Death Sentence)

Aggravating Circumstances: law enforcement victim

Mitigating Circumstances: None

Norman Timberlake

In the early morning of February 3, 1993, Norman Timberlake and a friend drove from New Albany, Indiana to Indianapolis in a dark Chrysler which belonged to another friend of Timberlake.

While the friend was out of the car to make a phone call, Timberlake took a .25 caliber gun from the man's coat pocket and would not give it back. Timberlake and his friend spent that day and night in Indianapolis.

On February 4, 1993, Timberlake and his friend met Tommy McElroy in a bar. The three of them spent the day drinking and then drove to Lafayette, Indiana.

On the morning of February 5, 1993, the trio decided to drive back to Indianapolis. At some point during the drive, Timberlake and McElroy separated from the other man. Timberlake, a tall and slender man, and McElroy, a slightly shorter and heavyset man, continued driving together.

At around 1:30 p.m., Timberlake and McElroy pulled over to the side of I-65 south so that McElroy could urinate. At the same time, Master Trooper Michael Greene, of the Indiana State Police, was driving north on I-65 and saw Timberlake and McElroy pulled over.

Trooper Greene radioed his dispatch that he was going to check on two subjects stopped on the side of the road. Timberlake saw the police car and told McElroy that the police were coming. Shortly thereafter, Trooper Greene parked his car behind the Chrysler and approached McElroy.

Trooper Greene asked both men for their driver's licenses and then had McElroy sit with him in the police car while he ran a license check. Timberlake leaned on the car door and listened.

At 1:36 p.m., Trooper Greene called in for a driver's license check on the two subjects. At 1:38, the dispatcher radioed, in code, that Timberlake was not wanted. At 1:43, the dispatcher radioed, in code, that McElroy was wanted by the police. At 1:45, Trooper Greene radioed dispatch that he would be out of the car securing a subject who did not yet know that he was wanted. At 1:47, a woman's voice called dispatch from Trooper Greene's car and said, "Help an officer's been hurt, help." 

A number of passersby along I-65 gave various eyewitness accounts. Most had seen the officer attempting to put handcuffs on a heavyset man while a skinny man with stringy hair watched nearby. Two witnesses observed the skinny man lunge toward the officer, sticking his right hand up, and the officer fell.

According to McElroy, Trooper Greene informed him that he would have to be arrested and told Timberlake that he was free to go. While Trooper Greene was handcuffing McElroy, Timberlake was sitting on the trunk of the Chrysler.

Trooper Greene placed a cuff on McElroy's left hand and, as Trooper Green was bringing McElroy's right hand down to cuff, McElroy saw Timberlake come off the trunk, heard a "pop," and saw Trooper Greene slump down. McElroy saw a gun in Timberlake's hand.

Officer Greene was found to have died from a single gunshot wound to the chest. A muzzle burn was noted on his chest.  Timberlake and McElroy ran to the car and drove off. McElroy drove them to a grocery store. McElroy entered the store and Timberlake ran off.

McElroy, still with the handcuffs on his left arm, was arrested at the store. Timberlake was arrested at a nearby lounge after attempting to make a collect call from a pay phone for someone to come to pick him up.