Murder of Dawn Magyar

Dawn Lee Swan Magyar (March 28, 1952 – January 27, 1973) was found murdered in March 1973, in a wooded area in Chapin, Michigan. She had been reported missing since January 27, 1973 from her home in Chesaning, Michigan. Believed to have been abducted from a shopping center in nearby Owosso, she was found to have been raped, and shot three times.[1]

Dawn Magyar
Born
Dawn Lee Swan

(1952-03-28)March 28, 1952
Corunna, Michigan
DiedJanuary 27, 1973 (1973-01-28) (aged 20)
near Zilwaukee, Michigan
Cause of deathGunshot wounds
NationalityAmerican
CitizenshipUnited States
Known forMurder victim
Spouse(s)Donald "Don" Magyar
Children1

After a long investigation, new technology in DNA analysis enabled Shiawassee County, Michigan police to charge Jerald Leroy Wingeart in 2001, who was identified by DNA collected at the murder scene. In November 2001 he was tried and convicted in the case, and sentenced to life in prison. The case was closed more than 28 years after Magyar's body was found.[2]

Background

Magyar was born Dawn Lee Swan on March 28, 1952 in Corunna, Michigan, to parents Eleanor and Ralph Swan. She had brothers Max and Larry. The siblings grew up there and attended local schools; Swan graduated from the high school in 1970.

Dawn was married to Don Magyar. At the time of her murder, she was 20 years old, and they had just celebrated the first birthday of their son. They lived in Chesaning, Michigan.[2]

Murder

Magyar was believed to have been abducted on January 27, 1973 after grocery shopping in Owosso, Michigan in Shiawassee County. She was last seen by a friend who briefly talked with her in the supermarket checkout line and saw her leave the store with her purchases.

After Magyar failed to return home that day, her husband reported her missing. The following day, police found the borrowed truck which she had been driving in the shopping center parking lot; her purchases were inside and her keys scattered at the truck, suggesting a forceful abduction. Despite a massive search of the area involving 4,000 local volunteers, Magyar was not found.[3]

On March 4, her body was discovered by two young brothers, Wayne and Bill Somers, who were tapping maple trees on their family farm in Saginaw County, Michigan. The medical examiner found that Magyar had been raped and shot three times in the head and back with a .22 caliber gun. An autopsy indicated that she had likely been killed within 90 minutes of being abducted.[3] The bullets came from two Remington and one Winchester brand ammo.

In June 1974, a .22 caliber revolver, believed to be the murder weapon, was recovered from the Shiawassee River in Owosso.[4] The revolver was rusted and unable to fire, but still loaded. It contained three spent rounds that matched the brand of bullets that killed Magyar. The gun was traced to a pawn shop in Yuma, Arizona, where a man named Robert Shaw had purchased it in 1965. Investigators learned that he was Magyar's previous husband, but they were unable to locate him. In 1976 Magyar's wallet and identification were found on the bank of the Shiawassee River, in the same area where the .22 gun had been found.[1]

Reopening
2005 mugshot of Jerald Wingeart

In 1995, the state police decided to reactivate the case. A detective sergeant reviewing cold cases realized that advances in DNA analysis (which had not been available as a forensic tool when the earlier investigation was conducted) might yield evidence to identify Magyar's killer, as the county police had collected sperm specimens from Magyar's body at the time of the crime. The Michigan State Police DNA Laboratory in East Lansing arranged for forensic DNA testing on this material to develop profiles of Magyar and her potential rapist and killer.[5] They also arranged for testing by an independent laboratory.[6][1] They renewed their search for the known men in Magyar's life.

In 1998, police located the gun's owner, Robert Shaw. He told authorities that he had owned the gun which they found, but that it had been lost many years before. He was cleared in the case by DNA testing. A few years later, Shaw told police that he remembered that, soon after they divorced, his ex-wife had dated a man named Jerald Leroy Wingeart. He said that Wingeart may have taken his gun at the time.[1][2]

Police learned that Wingeart at age 20, then a married University of Michigan (U-M) engineering student with a scholarship,[7] had been convicted in 1961 for the rape of a blind female U-M student and armed robbery of her escort in Ann Arbor Township, Washtenaw County, Michigan. He served an eight-year prison sentence and was released in 1969.[1][3][7][8] He later worked as a long-haul trucker and lived in more than one state.[9]

When police learned about him in relation to the Magyar case, Wingeart was 60 years old and living quietly in Center Line, Michigan with his fourth wife. He had a grown daughter from a previous marriage. He worked at Chrysler's Sterling Heights Stamping Plant in the accounting office. Known for his computer skills, he was considered a respected member of his community.[1][2][3]

Arrest and conviction

As police investigated, they obtained Wingeart's DNA from saliva on cigarette butts which he had used and discarded in his trash. They found that his DNA matched the samples taken from the Magyar crime scene. They also determined that Wingeart had been in the Owosso area visiting a friend around the time of Magyar's murder. Unable to establish any link between Wingeart and Magyar, investigators believed that Wingeart had seen the young woman in the store or shopping center parking lot and randomly chose her as his victim.[1]

On March 7, 2001, Wingeart, aged sixty, was arrested and charged with Magyar's murder.[4] He could not be charged for kidnapping or rape because of the statute of limitations on those crimes, 10 and 6 years, respectively.[6]

He was tried in November of that year at the Livingston County Courthouse. He claimed in his defense that he had had consensual sex with Magyar. But experts testified that Wingeart's DNA was left on Magyar during the brief timeframe that she went missing and was killed. On November 27, 2001, Wingeart was found guilty of first-degree felony and premeditated murder.[9] In 2002 he was sentenced to life without the possibility of parole.[1]

Magyar's mother Eleanor and brother Larry Swan and his wife were alive to see justice served for Dawn. The father Ralph Swan had died in 1988.[6]

Status of appeals

Wingeart's appeal of his conviction was rejected in 2003 by the Michigan Appeals Court, which affirmed the verdict. In May 2004 the Michigan Supreme Court denied his appeal of that ruling.[9]

Potential for new charges against Wingeart

At the time of his conviction, Wingeart was under investigation for deaths of young women and other crimes committed in Washtenaw and Ionia counties in the previous ten years.[6] The Argus-Press reported in May 2004 that the Michigan Attorney General's office announced that it was reviewing the cold case of the April 7, 1979 rape and murder of 16-year-old Laura Mae McVeigh near Hubbardston, Michigan, in Ionia County, with the potential for bringing charges against Wingeart. Because he had never reached trial in the murder of McVeigh, double jeopardy prohibitions would not apply. The prosecutors were working with Michigan State Police and investigators from Ionia County.[9]

In 1981 Wingeart had been arrested on charges related to McVeigh's death. He was living in Niles, Michigan, where he grew up, and had moved at least twice in the previous two years. The case was dismissed before trial in 1982 by the Wexford County, Michigan judge, who ruled that the police had violated Wingeart's rights in the course of a search for evidence. At the time of McVeigh's murder, Wingeart was 38 and living in Eaton Rapids; he worked for the state government. He was known to have left the area after McVeigh disappeared and before her body was found, a month after her death; he moved to New York. Within two years, he had returned to Michigan. In 2004 police said they expected to make use of advances in DNA analysis and other forensic technology in their investigation.[9]

Representation in other media
  • Anthony "Tony" Hornus was a high school classmate of Dawn Magyar. He later became a reporter and covered the case for years for the Argus-Press (Owosso, Michigan). Based on his work, he wrote and co-directed the film An Ordinary Killer (2003), based on Magyar's murder. Jeff Kennedy also directed.[11] The film starred Terence Knox, Dennis Haskins and Dan Haggerty. It was filmed at many of the locations related to the crime and investigation.[12][11]
  • Hornus self-published a related book on this case, also entitled An Ordinary Killer (2008), developed from his screenplay and reporting.[13]

See also

References
  1. "The Disappearance of Dawn Magyar." The Investigators. TruTV. Atlanta, Georgia, 2002. Television.
  2. Hornus, Tony (March 11, 2001). "Is Dawn Magyar's Alleged Murderer Jerald Wingeart a Serial Rapist?". Argus-Press. Owosso, Michigan. Retrieved March 7, 2015.
  3. Hornus, Tony (March 8, 2001). "Dawn Magyar Murder Suspect Was Arrested By Police March 7". Argus-Press. Owosso, Michigan. Retrieved May 16, 2012.
  4. Boston, Gabriella (August 24, 2002). "Court TV Puts Case to Public; Forensic Choices on 'I, Detective'". The Washington Times. Washington, D.C. Retrieved May 15, 2014.(subscription required)
  5. Hornus, reprint from March 7, 2001, Argus-Press
  6. Tony Hornus (31 December 2001, reprint from 29 November). "Justice delayed, not denied". Argus-Press. Retrieved 10 May 2019. Check date values in: |date= (help)
  7. "Accused Assaulter Demands Hearing, Is Free On Bond". The Ann Arbor News. Ann Arbor, Michigan. July 11, 1961. Archived from the original on October 15, 2015. Retrieved October 15, 2015.
  8. "Cold Case: Dawn Lee Swan Magyar Murder". My Life of Crime.com. September 14, 2006. Retrieved May 16, 2012.
  9. Hornus, Tony (May 16, 2004). "Michigan Supreme Court Denies Wingeart's Leave to Appeal Conviction: Magyar Killer Likely to be Charged in 1979 Slaying of Ionia 16-Year-Old". Argus-Press. Owosso, Michigan. Retrieved October 15, 2015.
  10. "Cold Case Files: S2 E13: Vintage Murder/ Trouble in Paradise". A&E. Archived from the original on 2016-05-07. Retrieved 2016-12-22.
  11. "An Ordinary Killer (2004) (overview)". The New York Times. 2010. Archived from the original on October 15, 2015. Retrieved October 15, 2015.
  12. "'An Ordinary Killer', Based on Magyar Case, Will Be Filmed Here". Argus-Press. Owosso, Michigan. December 2, 2001. Retrieved October 15, 2015.
  13. Hornus, Anthony (2008). An Ordinary Killer. Alexander, North Carolina: Alexander Books. ISBN 9781570902451.
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