Post by Anja Nieser on Sept 25, 2006 0:59:29 GMT -5
Confessed killer given life term
"It's been a long time coming."
Those were the words of confessed murderer Kevin Barton in an address he
made to his family just before being sentenced to life in prison plus 20
years for his role in the 2004 shooting death of James H. "Booger"
Cummings.
The trial was to have begun Sept. 25, but the sentencing was the result of
a plea agreement entered in open court on Wednesday.
Barton, 18, is the only 1 of 4 people accused in the murder to be
convicted and sentenced. He appeared in Nevada County Circuit Court
Wednesday and changed his plea in the case to "guilty" with regard to both
the first degree murder and residential burglary charges.
Cummings was shot at his home in mid-July 2004. According to police
reports at the time, Cummings was killed in his bed and the house was
ransacked. At Wednesday's proceedings, Eighth Judicial District-North
Circuit Judge Duncan Culpepper asked Barton to describe the events of that
night.
Barton said the group - including himself, his brother Kendrick Barton,
16, Tekelia Williams, 23, and her brother Robert Lee Williams, 18 - were
told about Cummings' home and that they were likely to find money at the
house. He said the man who told them about the money also supplied them
with the weapons they used to murder Cummings.
In graphic detail, Barton told of the night of the murder. He said
Tequilia Williams dropped the 3 men off near the Cummings' residence. They
entered the house through an unlocked back door.
"It was dark in there and we couldn't really see where we was going,"
Barton said.
He said the 3 found their way into the bedroom occupied by Cummings, and
that there was a lamp on that provided some lighting.
"I went on the side where he was facing," Barton said.
He said Cummings began to wake.
"I hit him with the pistol," Barton said.
Barton described Cummings' reaction, saying he seemed "really delirious,"
and that Barton then hit him with the pistol a 2nd time.
"He finally snapped to the idea of what was going on," Barton said.
"That's when Robert Williams shot him in the back and he laid back down."
Barton said he believed Cummings was dead at that point, but said that he
later returned to the room and shot Cummings again in the chest. Asked why
he took that second shot if he believed the man to be dead, Barton said,
"I don't know."
Barton said the 4 had gone to Cummings' house with the intention of
robbery, but did not plan to murder him. Barton said he and the other 2
men took money and "coins," and left the house. They met with Tekelia
Williams, who was waiting down the road, according to Barton's testimony.
"Did you divide up the money?" Culpepper asked.
"No sir," replied Barton.
"Who kept the money?" Culpepper asked.
"Tekelia Williams," Barton said.
Culpepper asked Barton why the 3 men had allowed Williams to hold the
money, but Barton said he didn't really know.
Following Barton's account of the robbery and murder, Culpepper said, "I'm
going to accept your plea of guilty at this time."
Barton was given the opportunity to make a statement to those gathered in
the courtroom. Members of Cummings' family and members of Barton's family
were in attendance.
To the Cummings family, Barton said, "I hope you accept my apology. If you
don't, I understand. But that apology comes directly from my heart."
To his own family, Barton said, "It's been a long time coming, but this is
not the end of the road."
Barton then took his seat and Robert "Bob" Cummings, son of the victim,
spoke for the family.
"I don't accept his apology," Bob said. "He took something from us that
was dear."
Cummings cited his father's achievements, including a career with the
Arkansas Game and Fish Commission, many years of produce production and
his stint in the military.
"He walked with General Patton," Cummings said, adding that his father had
served in the military to protect America's freedom.
Cummings said he felt the family had been cheated by a Supreme Court
ruling that eliminated the possibility of the death penalty for Barton.
From his seat on the witness stand, Cummings said, "We hate to be here. We
shouldn't be here. Nobody should be here in this shape."
As Culpepper prepared to hand down the sentence, he said, "Mr. Barton, I
don't know whether you have remorse for yourself, or for the J.H. 'Booger'
Cummings' family, or for him, but I have accepted your plea of guilty."
Culpepper talked of the senselessness of the action, and the fact that the
men had shot Cummings while he was in bed.
"The manner in which it was done resembles an execution," Culpepper said.
"I can't sentence you to execution, but I can sentence you to life in
prison."
On the separate charge of residential burglary, Culpepper added 20 years
to the life sentence.
Following the hearing, Eighth Judicial District-North Prosecuting Attorney
Randy Wright said he felt the plea agreement was a positive move.
"A lot of times, you do plea agreements but you don't come away thinking
you've done the best thing for the family, or for the state," Wright said.
He said this plea agreement eliminated a lengthy trial and the possibility
of years of appeals.
Wright said the key to the case was the excellent police work by the
Nevada County Sheriff's Office and the Arkansas State Police.
Wright said he has utmost respect for the Cummings family, for their
support and their ability to make difficult decisions.
The remaining three who are charged in the case have not yet gone to
trial.
Wright said he is not certain when those cases will be heard in court.
Kevin Barton and Robert Lee Williams are also charged in Clark County
Circuit Court with capital murder in the death of an Arkadelphia woman,
Alene Tate, in August, 2004. Both men have appealed aspects of that
charge, as they had appealed jurisdictional issues in the Cummings murder,
and have been turned away by the Arkansas Court of Appeals.
(source: Hope Star)
"It's been a long time coming."
Those were the words of confessed murderer Kevin Barton in an address he
made to his family just before being sentenced to life in prison plus 20
years for his role in the 2004 shooting death of James H. "Booger"
Cummings.
The trial was to have begun Sept. 25, but the sentencing was the result of
a plea agreement entered in open court on Wednesday.
Barton, 18, is the only 1 of 4 people accused in the murder to be
convicted and sentenced. He appeared in Nevada County Circuit Court
Wednesday and changed his plea in the case to "guilty" with regard to both
the first degree murder and residential burglary charges.
Cummings was shot at his home in mid-July 2004. According to police
reports at the time, Cummings was killed in his bed and the house was
ransacked. At Wednesday's proceedings, Eighth Judicial District-North
Circuit Judge Duncan Culpepper asked Barton to describe the events of that
night.
Barton said the group - including himself, his brother Kendrick Barton,
16, Tekelia Williams, 23, and her brother Robert Lee Williams, 18 - were
told about Cummings' home and that they were likely to find money at the
house. He said the man who told them about the money also supplied them
with the weapons they used to murder Cummings.
In graphic detail, Barton told of the night of the murder. He said
Tequilia Williams dropped the 3 men off near the Cummings' residence. They
entered the house through an unlocked back door.
"It was dark in there and we couldn't really see where we was going,"
Barton said.
He said the 3 found their way into the bedroom occupied by Cummings, and
that there was a lamp on that provided some lighting.
"I went on the side where he was facing," Barton said.
He said Cummings began to wake.
"I hit him with the pistol," Barton said.
Barton described Cummings' reaction, saying he seemed "really delirious,"
and that Barton then hit him with the pistol a 2nd time.
"He finally snapped to the idea of what was going on," Barton said.
"That's when Robert Williams shot him in the back and he laid back down."
Barton said he believed Cummings was dead at that point, but said that he
later returned to the room and shot Cummings again in the chest. Asked why
he took that second shot if he believed the man to be dead, Barton said,
"I don't know."
Barton said the 4 had gone to Cummings' house with the intention of
robbery, but did not plan to murder him. Barton said he and the other 2
men took money and "coins," and left the house. They met with Tekelia
Williams, who was waiting down the road, according to Barton's testimony.
"Did you divide up the money?" Culpepper asked.
"No sir," replied Barton.
"Who kept the money?" Culpepper asked.
"Tekelia Williams," Barton said.
Culpepper asked Barton why the 3 men had allowed Williams to hold the
money, but Barton said he didn't really know.
Following Barton's account of the robbery and murder, Culpepper said, "I'm
going to accept your plea of guilty at this time."
Barton was given the opportunity to make a statement to those gathered in
the courtroom. Members of Cummings' family and members of Barton's family
were in attendance.
To the Cummings family, Barton said, "I hope you accept my apology. If you
don't, I understand. But that apology comes directly from my heart."
To his own family, Barton said, "It's been a long time coming, but this is
not the end of the road."
Barton then took his seat and Robert "Bob" Cummings, son of the victim,
spoke for the family.
"I don't accept his apology," Bob said. "He took something from us that
was dear."
Cummings cited his father's achievements, including a career with the
Arkansas Game and Fish Commission, many years of produce production and
his stint in the military.
"He walked with General Patton," Cummings said, adding that his father had
served in the military to protect America's freedom.
Cummings said he felt the family had been cheated by a Supreme Court
ruling that eliminated the possibility of the death penalty for Barton.
From his seat on the witness stand, Cummings said, "We hate to be here. We
shouldn't be here. Nobody should be here in this shape."
As Culpepper prepared to hand down the sentence, he said, "Mr. Barton, I
don't know whether you have remorse for yourself, or for the J.H. 'Booger'
Cummings' family, or for him, but I have accepted your plea of guilty."
Culpepper talked of the senselessness of the action, and the fact that the
men had shot Cummings while he was in bed.
"The manner in which it was done resembles an execution," Culpepper said.
"I can't sentence you to execution, but I can sentence you to life in
prison."
On the separate charge of residential burglary, Culpepper added 20 years
to the life sentence.
Following the hearing, Eighth Judicial District-North Prosecuting Attorney
Randy Wright said he felt the plea agreement was a positive move.
"A lot of times, you do plea agreements but you don't come away thinking
you've done the best thing for the family, or for the state," Wright said.
He said this plea agreement eliminated a lengthy trial and the possibility
of years of appeals.
Wright said the key to the case was the excellent police work by the
Nevada County Sheriff's Office and the Arkansas State Police.
Wright said he has utmost respect for the Cummings family, for their
support and their ability to make difficult decisions.
The remaining three who are charged in the case have not yet gone to
trial.
Wright said he is not certain when those cases will be heard in court.
Kevin Barton and Robert Lee Williams are also charged in Clark County
Circuit Court with capital murder in the death of an Arkadelphia woman,
Alene Tate, in August, 2004. Both men have appealed aspects of that
charge, as they had appealed jurisdictional issues in the Cummings murder,
and have been turned away by the Arkansas Court of Appeals.
(source: Hope Star)