Barnes’ plea avoids trial, possible death sentence
Published 5:00 am Wednesday, June 11, 2003
He shook his head and tears rolled down his cheeks, but CearicBarnes finally admitted to his role in the June 18, 2002, killingof Marvin Durr.
“Guilty,” Barnes said quietly when asked by Judge Keith StarrettTuesday in Lincoln County Circuit Court.
Following a full day of jury selection Monday in Adams Countyand after approximately two hours of talking with his attorney,family members and supporters Tuesday morning, Barnes avoided acapital murder trial that was to start yesterday. An arson chargein connection with last year’s incident will no be pursued, saidDistrict Attorney Danny Smith.
Barnes, 19, of 830 Beauregard St., was then sentenced to life inprison, the only sentence possible following a murderconviction.
“The judge has no option,” Starrett said.
By pleading guilty to murder, Barnes may petition for parolewhen he is 65. A capital murder conviction following a trialcarried the possibility of the death sentence or life in prisonwithout parole.
On Monday before the start of jury selection, court officialssaid, Barnes had tried to plead guilty but was unable to admit hisguilt when answering the judge’s questions. On Tuesday, Barnesacknowledged that the evidence in the case would be sufficient tofind him guilty and a plea was in his best interest.
“I strongly believe the mountain of evidence the state had, plusthe fact the car and body were burned, that we needed to dosomething short of trying this case,” Barnes’ attorney Bill Barnettsaid later. “I could see no good outcome of taking this to ajury.”
Barnett said his client’s difficulty in admitting the crime wasthat Barnes was not the one who fired the gun that killed Durr.However, under state law regarding aiding, assisting and abetting,Barnes is considered just as involved in a crime as the person whopulled the trigger, court officials said.
The gunman, Jerrard T. Cook, 19, of 2123 Madison Road, pleadedguilty to capital murder in November. Cook, who was to be a witnessin this week’s trial, is scheduled to be sentenced Friday to lifewithout parole.
“There is no dispute about who shot Marvin Durr,” Smith saidwhile discussing events in the case and the state’s evidence duringthe sentencing hearing.
Barnett said Barnes believed he had extricated himself from theshooting. Barnes was approximately 80 yards away when Durr wasshot, but the attorney indicated that getting a jury to see it thatway would be difficult.
“It was too big a gamble to get the jury to believe that,”Barnett said.
Smith said there was no evidence that Barnes intended for Durrto be murdered. However, there was evidence that Barnes was alookout for what was to be some robberies, and that he knew Cookhad a gun.
“Lincoln County will be a lot safer with these two criminalsbehind bars for the rest of their lives,” Smith said.
The DA said Barnes cooperated with law enforcement and thereforedeserved a lesser sentence than Cook.
“It was his statement that enabled us to successfully prosecutethese cases,” Smith said.
Smith described Durr, 19, as a very fine man, a hard worker anda good son.
“It’s tragic that he lost his life,” Smith said.
Smith credited the Lincoln County Sheriff’s Department and itsinvestigators Lance Falvey and Steve Rushing, the Brookhaven PoliceDepartment and Mississippi Highway Patrol with a professionalinvestigation. He said he believed a strong jury chosen in AdamsCounty played a role in getting the guilty plea.
“I believe this was a very law and order jury,” Smith said.
Neither Durr’s nor Barnes’ family members spoke during Tuesday’ssentencing hearing.
As he, his wife Frances and other family members were leavingthe courtroom, the Rev. Jerry Durr said they were glad this phaseof the case was over, and that it would bring some closure for themin losing their son.
“This has been a real sore, and it’s going to take time toheal,” said Durr, adding that he appreciated the community’ssupport and law enforcement’s successful prosecution of thecase.