Michael Slager is an Ohio man serving life in prison without the possibility of parole for the aggravated murder of his ex-girlfriend, Judy Malinowski, whom he doused with gasoline and set on fire at a Gahanna gas station in August 2015. Malinowski survived nearly two years and more than 50 surgeries before dying of her injuries in June 2017. The case made national news largely because Malinowski recorded videotaped testimony from her hospital bed that was later admitted at the trial for her own murder, an outcome legal observers described as unprecedented.1People. Judy Malinowski, Woman Set on Fire by Ex, Testified From Grave
What Happened at the Gas Station
On August 2, 2015, Slager set Malinowski on fire behind a Speedway gas station on Agler Road in Gahanna, a suburb of Columbus.210TV. Police Charge Man Who Set Woman on Fire at Gahanna Gas Station Slager, then Malinowski’s estranged boyfriend, poured gasoline on her after an argument. He told investigators the fire started accidentally when he tried to light a cigarette for her. Malinowski, in a recorded deposition, testified that he approached her with a lighter while she begged him to stop.3The Columbus Dispatch. Slager Pleads, Avoids Death Penalty
Malinowski was 31 and suffered burns over roughly 90 percent of her body.1People. Judy Malinowski, Woman Set on Fire by Ex, Testified From Grave She had at least 52 surgeries, could not walk, lived with open wounds, and went into cardiac arrest seven times during her hospitalization.4ABC6 On Your Side. Woman Set on Fire by Boyfriend Allowed to Testify in Advance of Possible Murder Trial She spent 689 days in the hospital and died on June 27, 2017, at age 33.5NBC4i. Judy Malinowski Dies Nearly Two Years After Being Set on Fire She left two daughters, Madison and Kaylyn, who were eleven and eight when their mother was attacked.6Marion Star. Photos: Documentary Revisits Judy Malinowski Murder
Slager’s Prior Record
Slager had a criminal history before the attack. He had prior convictions for theft, receiving stolen property, and menacing by stalking. In 2000, he pleaded guilty to two counts of sexual battery in Franklin County Common Pleas Court and was placed on probation. After he failed to report to his probation officer and failed to register his address as a sex offender, his probation was revoked and he was sentenced to 17 months in prison in March 2001.7The Columbus Dispatch. Bail Set for Man Accused Assistant Prosecutor Warren Edwards cited that record when asking for $1 million bail after Slager’s 2015 arrest.
The First Set of Charges
Slager was charged and sentenced once while Malinowski was still alive. In December 2016, he pleaded no contest in Franklin County Common Pleas Court to aggravated arson, a first-degree felony, and possession of criminal tools, a fifth-degree felony.8Ohio Department of Rehabilitation and Correction. Offender Search – Michael W. Slager The case also included a felonious assault charge.4ABC6 On Your Side. Woman Set on Fire by Boyfriend Allowed to Testify in Advance of Possible Murder Trial He was sentenced to 11 years in prison and given 371 days of jail-time credit.
Murder Indictment and the Videotaped Deposition
After Malinowski died, the Franklin County Prosecutor’s Office under Prosecutor Ron O’Brien moved for more serious charges. On October 2, 2017, a Franklin County grand jury indicted Slager on two counts of aggravated murder with death penalty specifications and two counts of murder.9WDTN. Franklin County Prosecutors Seeking Death Penalty Against Michael Slager in Judy Malinowski Case
Months before her death, Malinowski had recorded a three-hour videotaped deposition from her hospital bed, describing the attack in her own words. The recording was made with the explicit understanding that it would be used at a future murder trial if she did not survive. One of Slager’s attorneys was present, and roughly two-thirds of the session was defense cross-examination.10People. Burn Victim Judy Malinowski’s Deathbed Testimony at Murder Trial Malinowski also underwent an extensive mental competency examination before testifying.
Defense attorneys Mark C. Collins and Robert Krapenc fought to keep the deposition out. They argued that prosecutors had improperly used civil procedure rules rather than criminal law to obtain it, and that the expedited timeline had not given them adequate time to prepare cross-examination.11The Columbus Dispatch. Woman’s Testimony Will Be Heard On April 13, 2018, Franklin County Common Pleas Judge Guy Reece denied the motion and ruled the testimony admissible, saying he was aware of no other case in which a victim had testified at their own murder trial.12ABC6 On Your Side. Judge Allows Woman’s Taped Testimony at Her Own Murder Trial
Guilty Plea and Life Sentence
On July 5, 2018, one day before jury selection was set to begin, Slager pleaded guilty to aggravated murder. Prosecutors dropped the death penalty specifications, and he was sentenced to life in prison without the possibility of parole.13NBC4i. Michael Slager Sentenced to Life in Prison After Pleading Guilty in Judy Malinowski Murder Case Prosecutor Ron O’Brien said the ruling admitting the video testimony had a “major impact” on Slager’s decision to plead, because the jury would have seen the footage at trial.
Slager apologized to Malinowski’s family and his own during the proceedings.14Fox 28 Columbus. Slager Sentenced to Life in Prison for Ex-Girlfriend’s Burning Death Malinowski’s mother, Bonnie Bowes, gave a victim impact statement and said she “could not accept anything but a guilty plea.” In her deposition, Malinowski herself had said: “I think he should be charged with murder and to a life sentence.”3The Columbus Dispatch. Slager Pleads, Avoids Death Penalty Slager admitted pouring gasoline on Malinowski but maintained through the plea that the ignition was accidental.
Judy’s Law
The case drove a change in Ohio law. State Representative Jim Hughes introduced House Bill 63, known as Judy’s Law, which allows judges to add up to six years to the prison sentence of anyone convicted of felonious assault resulting in permanent disfigurement by burning with an accelerant such as gasoline.15Ideastream. Judy’s Law Becomes Ohio’s Law The legislature passed the bill in June 2017 and Governor John Kasich signed it into law. Malinowski died just hours before the vote.16Statehouse News Bureau. Judy’s Law Might Spur More Legislation to Protect Women From Abuse Because Judy’s Law is a sentencing enhancement for felonious assault, it did not apply to Slager’s own aggravated murder sentence; his life-without-parole term came from the murder conviction itself.
Where Slager Is Now
Slager remains incarcerated at Trumbull Correctional Institution in Ohio. His aggregate sentence is life without parole, and he has no expected release date.8Ohio Department of Rehabilitation and Correction. Offender Search – Michael W. Slager