Arterburn Accepts Plea Deal
On Friday, Bradley Arterburn pled guilty to one count of second-degree murder. Sentencing is set for November 18 at 2:15 p.m. in the Mahaska County Courthouse.
OSKALOOSA- One of Oskaloosa’s most notorious criminal cases in recent times is beginning to draw to a close. On Friday, Bradley Arterburn pled guilty to one count of second-degree murder. Sentencing is set for November 18 at 2:15 p.m. in the Mahaska County Courthouse. Arterburn faces a prison sentence of up to 50 years in prison.
At Friday’s hearing, Arterburn acknowledged that he had intentionally killed 58-year-old Henry “Hank” Horovitz, using a medieval-style battle ax and a buck knife. Arterburn stated at Friday’s plea hearing that he had “blacked out” during the incident which lead to Horovitz’s death.
Friday’s plea deal came before prosecutors could retry Arterburn. His 2012 conviction of first-degree murder was overturned last year by Judge Randy DeGeest after a post-conviction relief hearing. DeGeest overturned Arterburn’s original conviction saying that Arterburn’s trial attorneys had erred in allowing a person to serve on the jury who had a “preconceived notion” about Arterburn.
DeGeest noted in his ruling that a potential juror during jury selection stated that she had been “bothered” by Arterburn’s case and believed that Arterburn “may” be guilty. She also initially stated that it would be hard for her to put aside her opinion on the case, even if instructed to do so by a judge. That person ultimately served on the final jury that convicted Arterburn after a seven day trial.
Arterburn’s conviction was initially upheld on direct appeal to the Iowa Court of Appeals. The Court, however, preserved several claims of ineffective assistance of counsel for post-conviction relief. The Court of Appeals decision ultimately paved the way for Arterburn’s successful post-conviction relief hearing.
Arterburn was originally charged on June 20, 2011 with one count of first-degree murder. The incident occurred in the evening hours of June 19, 2011. Prosecutors said during trial that Arterburn hit Horovitz multiple times with a medieval- style battle ax, and also slit his throat with a buck knife. After attacking Horovitz, Arterburn stabbed himself in the chest in an apparent suicide attempt.
At trial, Arterburn used the insanity defense, claiming that he was suffering from a mental illness at the time of the incident and could not tell right from wrong. A jury took only seven-and-a-half hours to reject that claim.
