Bio

James R. Games was born on July 22, 1964. He was 18 years old when Thomas Ferree was killed in Marion County, Indiana. At the time of the murder, Games was associated with 14-year-old Earl Tillberry. The Indiana Supreme Court described the case as a robbery plan created by Games and Tillberry. Their target was Thomas Ferree, an acquaintance of Games. Ferree was believed to have expected sexual favors from the two teenagers, while Games and Tillberry planned to get inside his home, assault him, and steal from him.

Murder Story

On July 13, 1983, James R. Games and Earl Tillberry planned a robbery scheme involving Thomas Ferree. According to the Indiana Supreme Court, the plan was to lure Ferree into taking them to his home, strike him, tie him up, steal his stereo, and leave in his car. Games contacted Ferree, and Ferree agreed to meet them near Games’ home.

On the evening of July 14, 1983, Ferree met Games and Tillberry and drove them to his home. While Games and Tillberry were alone in the kitchen, Tillberry told Games that Ferree was making sexual advances toward him. Games then told Tillberry to go along with Ferree’s expected request to go upstairs and shower, and to stab Ferree on the stairs.

Tillberry followed the plan and stabbed Ferree in the back with a folding knife while they were going up the stairs. Ferree turned, fell, and landed near the bottom of the stairs. Games then attacked him, pulled the knife from Ferree’s back, and stabbed him repeatedly while Ferree struggled.

Games then ordered Tillberry to get more weapons. Tillberry brought him a fireplace poker, kitchen knives, and a meat cleaver. Games continued stabbing and beating Ferree with the weapons. The Indiana Supreme Court later noted that Ferree died from multiple stab wounds to the head and back.

The physical evidence supported Tillberry’s account. In post-conviction review, the Indiana Supreme Court described the evidence as overwhelming. A pathologist testified that Ferree died from 22 stab wounds and severe blunt-force trauma with skull and facial fractures. Investigators recovered multiple knives, a meat cleaver, and a wrought-iron fireplace poker from the residence. Blood evidence on several weapons was consistent with Games’ blood type.

After the killing, Games and Tillberry took Ferree’s car and fled. Tillberry later became the State’s main witness. He pleaded guilty to murder and received a 55-year sentence.

Games was tried in Marion County. A jury found him guilty of murder, conspiracy to commit murder, robbery, and conspiracy to commit robbery. He was sentenced to death for the murder and received additional prison time on the other counts. The Indiana Supreme Court affirmed the convictions and death sentence on direct appeal in 1989.

Games later sought post-conviction relief. In 1997, the Indiana Supreme Court explained that the post-conviction court had upheld his murder, robbery, and conspiracy convictions but reversed his death sentence because his trial counsel had been ineffective during the original penalty phase. The State did not appeal the reversal of the death sentence.

After the death sentence was set aside, Games and the State reached an agreement. In exchange for the State dropping its request for the death penalty, Games agreed to be resentenced on the remaining convictions within a sentencing range that could reach up to 118 years. The trial court imposed 110 years: 60 years for murder, 50 years for robbery, and 8 years for conspiracy to commit robbery, with the murder and robbery terms ordered consecutive and the conspiracy term concurrent.

Games challenged the 110-year sentence, but the Indiana Supreme Court affirmed it on March 20, 2001. The court held that Games had entered the agreement to avoid the death penalty and had waived his double-jeopardy sentencing claim by accepting that bargain.