WARREN — A report from the Ohio State Highway Patrol details the gruesome August murder of an inmate at the Southern Ohio Correctional Facility allegedly at the hands of a convicted murder from Bristoville.

Earlier this month, Austin Burke was arraigned in Scioto County Common Pleas Court, where he entered a not guilty plea to aggravated murder along with being declared indigent and given a public defender to represent him.

The defendant will appear in court Thursday morning for a pretrial hearing in the matter before Judge Mark E. Kuhn.

Burke has been incarcerated at a prison in Lucasville where the alleged incident took place resulting in the death of 65-year-old inmate Ruben Melendez from suspected trauma to the head on Aug. 12.

Investigators gathered surveillance footage showing Melendez as he exited his cell on the first floor with toiletry items in hand while Burke, housed on the second floor, makes his way down a set of stairs to Melendez’s floor after leaving his cell.

The report states Melendez dropped the items he was carrying, squared his shoulders in a manner described as aggressive behavior by investigators as he began walking toward Burke near the staircase.

Investigators say they spoke before Burke began striking Melendez with a closed fist, causing the victim to fall to his hands and knees.

Burke is accused of kneeing the victim, causing him to fall to the floor as Burke then proceeded to stomp down on the face of Melendez several times before stepping away, then turning around to deliver one

final stomp to the inmate’s head, the report states.

In later interviews, corrections officers said they heard other inmates yelling Burke’s nickname “hitman” in an attempt to get him to stop the attack on Melendez.

Minutes later, two corrections officers rushed to the area, where Burke placed his hands on a wall allowing them to restrain him and escort him from the housing unit.

Several officers attempted to perform life-saving measures on Melendez before transporting him to an outside medical facility. Investigators observed a bloody crime scene, including blood spatter on the nearby staircase they concluded was consistent with Melendez having been struck repeatedly in the head, the report states.

Using a scale, investigators measured an approximately 12-inch long bloody shoe print.

They then examined both men’s cells and checked prior prison calls of the two, but neither inquiry found the attack to have been pre-planned.

Several clothing items from both men were collected. No blood was observed on Melendez’s clothing, but several of Burke’s clothing items with blood splatter on them were taken. A 12-inch FILA tennis shoe investigators say is consistent with the bloody shoe prints at the crime scene also was collected.

After being taken to an area hospital, Melendez was pronounced dead from suspected trauma to the head.

STATEMENTS TO INVESTIGATORS

Over 20 written witness statements were given to authorities. Some inmates that said they witnessed the assault refused to give statements, while others were listed as “attending chow” or said they couldn’t see what happened.

After being taken to a restricted housing area of the prison, Burke was asked if he had used a weapon to which he replied, “just my hands and feet,” the report states.

His demeanor was described as “happy” by at least one corrections officer. Another said after the incident Burke remarked, “I killed that (expletive).”

Investigators noted in the report that the hands of Burke were “visibly red.”

Another officer who provided a statement to investigators said he never observed the two in the prison and said neither of them had fought or caused trouble with other inmates prior to the August incident.

Only one corrections officer interviewed reported previously seeing Burke involved in a fight, recalling a four-man gang fight with Burke, part of the Cincinnati White Boys against members of the Aryan Brotherhood but the CO said that Burke was otherwise, “respectful.”

ARREST HISTORY

Burke is serving a life sentence in prison for the murder of Kenneth Sample, whose body was found June 15, 2017, in a wooded area off Peck Leach Road in Bristol. He had been shot once in the head.

Sample’s mother reported him missing three days earlier after he did not return home from swimming with a friend, according to a police report.

She told police Sample’s father sent him a text about 4:30 a.m., and he responded he was on his way home, but he never arrived. His car later was found abandoned in Niles.

Burke received an additional three years in prison for using a firearm in the commission of the crime. Burke also received an 11-year sentence for the June 20, 2017, robbery of the Cortland Pizza Joe’s, with an additional three years for using a firearm in that crime as well.

He was to be eligible for parole March 15, 2075, according to Ohio Department of Rehabilitation and Correction records.