Murder case
By RICK YENCER
ryencer@muncie.gannett.com
WINCHESTER — Janice and Jessica Cheadle held large pictures of their father Pat over the courtroom rail for his accused killer to see.
Across the rail, Terry Durbin waited without an attorney to be arraigned on charges of murder and robbery in the elder Cheadle’s death on Halloween.
“We never want to see them again,” said Cheadle’s sister, Michelle Duffield, referring to Durbin, 40, and his accomplice, David Mizner, 19.
More than a dozen members of Cheadle’s family from western Ohio showed up for Durbin’s appearance in Randolph County Circuit Court on Wednesday afternoon, still grieving over the man’s violent end. Cheadle died of a single gunshot to the head.
Mizner told police that he heard the gunshot that killed Cheadle and that he helped Durbin transport the man’s body back to Ohio.
A handful of Randolph County sheriff’s deputies, including Sheriff Jay Harris, also were in the courtroom and the court bailiff checked everyone for weapons, while deputies patted down Cheadle’s family and a newspaper reporter. The extra precaution came after members of Cheadle’s family shouted at Durbin during an initial hearing last week.
“He was a good man who loved his mother,” said brother James, who came to court with a picture of the victim and his mother, Ona.
Cheadle was a truck driver and had plans to start a business in Florida. His family insists he was a legitimatebusinessman, although police suspect Cheadle came to Durbin to buy three or four pounds of marijuana, of which Durbin was known to grow and sell.
Mizner told police he was afraid of Durbin and that he was forced to clean up blood and move Cheadle, leaving him in his van that was parked on a street in Greenville, Ohio. Mizner claims he never knew Durbin intended to rob or kill Cheadle and that Durbin gave him $2,000 to keep his mouth shut.
Mizner and Durbin met Cheadle at the home of Rick Cassity, who lives in the 6900 block of East Greenville Pike, where police found blood on the deck of the house. Cassity was not home at the time of the shooting, but Durbin had been staying there. Testing will confirm whether the blood was Cheadle’s and whether he was killed in the house.
On the ride back to Randolph County, the teenager said the two men bought cigarettes and beer and smoked marijuana to calm down after the murder.
Durbin faces formal charges of murder, felony murder, robbery and conspiracy to commit robbery. He remains in jail under no bond.
Durbin pleaded not guilty and asked Circuit Court Judge Jay Toney for a public defender. Toney appointed attorney Jason Welch to represent Durbin and set his trial on March 15.
Mizner’s day in court comes today at 8:15 a.m. and he faces the same charges as Durbin with the addition of assisting a criminal because he admitted to moving the body and cleaning up afterward.


