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Convicted
murderer gets some relief; may be released in 2063
State Attorney Steve Meadows announces the action of the Florida
Parole Commission on a Bay County murder defendant.
Timothy Kirkland, 40, was convicted by a Bay County jury for the
murder of Judy Kelley. On January 12, 1984, at age 17, Kirkland
was sentenced to life in prison. Florida law in effect at the
time allowed a defendant sentenced to life to be considered for
parole after 25 years.
The parole examiner conducted an investigation in this case and
recommended a release date in 2008. A paralegal and a number of
family members appeared at the hearing in Tallahassee and asked
for the release of Kirkland.
Assistant State Attorney Robert Sale reminded the commissioners
that Ms. Kelley was disabled, with an arm that was virtually
useless, and showed autopsy and crime scene photos. Kirkland had
claimed self-defense.
The commissioners set a presumptive release date of February 3,
2063. Kirkland would be 97 on that date. He may apply for review
in five years.
“That Kirkland was 16 at the time is significant,” said Meadows.
“That a 16-year old could commit such a brutal crime, including
hitting Judy Kelley with a jack and leaving her on a dirt road
indicates a cold-blooded disregard for human life.”
Bay County
Circuit Court, Laurie Lynn Bartlett is convicted on a charge of
manslaughter.
After two days of testimony, the four man, two woman jury took
an hour and 10 minutes to find Bartlett, 45, of Fountain, guilty
of the July 1, 2006, stabbing death of Ernest George Lamar.
Lamar, 47, shared a home with the defendant. Deputies from the
Bay County Sheriff’s Office responded to a 911 call and found
Lamar dead on the floor of that home.
Bartlett first told deputies that Lamar was walking through the
home, carrying food, when he slipped and fell on the knife. She
later claimed self-defense. She did not testify at trial. The
defense raised the issue of Battered Spouse Syndrome.
Sentencing is set for February 15, 2006. Bartlett faces the
possibility of 15 years in prison.
COMMENTS ON
FRANCIS/GIRLS GONE WILD ORDER
State Attorney Steve Meadows on the order by Judge Costello
which dismissed all but six counts in the Girls Gone Wild/Joe
Francis case:
“After the physical evidence was suppressed; we expected this
result. We are disappointed but understand Judge Costello’s
ruling.
“We will proceed on two counts of use of a child in a sexual
performance, two counts of conspiracy to use a child in a sexual
performance, and two counts of prostitution. We can go forward
on those counts without the physical evidence that is now
unavailable.
“On the six counts which remain; we will continue to fight to
the last day on the last charge.”
Lindsey Butler
convicted on a charge of Robbery with a Firearm. (1/3/2007)
Butler, 24 of Marianna, was convicted, after a one-day trial, of
using a firearm while robbing the Discount Liquors store in
Marianna, on July 13, 2006.
Butler has five prior convictions for robbery and was last
released from the state prison system in December, 2005. He
qualifies to be treated as a Prison Releasee Reoffender and is
subject to completing 100 per cent of the sentence imposed.
The use of a firearm in this offense subjects Butler to a
minimum sentence of 10 years prison and a maximum of life under
Florida’s 10-20-life law.
Arthur Uptain
sentenced for one count of Burglary of a Dwelling and two counts
of Robbery with a Deadly Weapon. (1/3/2007)
Uptain,22, of Youngstown, entered pleas, without agreement,
to the April 22, 2006, robbery of M & M Market, the January 31,
2006, burglary of a Cluster Road residence, and the February 4,
2006, robbery of the M & M Market.
Circuit Court Judge Dedee S. Costello took the pleas and
sentenced Uptain, on the spot, to 15 years prison followed by 15
years probation.
"Cold Case"
murder indictment
State Attorney Steve Meadows announces the indictment, by a
Jackson County Grand Jury, of Thomas E. Cochrane on two counts
of First Degree Murder.
The Grand Jury charged Cochrane with the shotgun and stabbing
murders of Sabrena Tedder Powell and Kenneth J. Powell,
committed on April 30, 2003. Authorities suggested that the
pair, and their home, were burned in an attempt to destroy
evidence.
Cochrane, 58, is currently serving life, at Washington
Correctional Institution near Vernon, for another Jackson County
murder. He was sentenced on January 18, 2005.
This indictment is hailed as the solving of a "cold case" by
Meadows. "This indictment comes as a result of a joint
investigation by investigators of the Jackson County Sheriff's
Office and of the State Attorney's Office," Meadows said. "We
are very pleased that another cold case is moving toward
justice. Though this defendant is serving a life sentence for
another murder; it is very important that he be held
accountable.
"The families of the victims have, for three and one-half years,
looked for justice. We look forward to being able to present the
evidence in this case to a Jackson County jury."
Arraignment will be set for a later date. Cochrane will remain
in Washington C.I. until he is required to appear in a Marianna
courtroom.
State Attorney
Steve Meadows announces the sentencing, in Bay County Circuit
Court, of Daryl Black, to two, consecutive, life terms, for the
murder and robbery of Woodrow Cherry.
Black, 18, of Port St. Joe, was convicted by a Bay County jury
of First Degree Murder and Robbery with a Firearm on December
1st. Woodrow Cherry was found shot to death, on April 16, 2006,
in a vehicle, near the intersection of Highway 22 and Berthe, in
Callaway.
Eric A. Baker, who was convicted of Accessory After the Fact to
Second Degree Murder for providing transportation for Black,
testified in Black’s trial and was sentenced to eight years
prison, followed by seven years probation, on December 12.
Circuit Judge Dedee S. Costello sentenced Black to life, without
the possibility of parole, on the murder count. Applying
Florida’s 10-20-life provisions for violent crimes committed
with firearms, Costello sentenced Black to life, to be served
consecutively, on the robbery count. The effect of the sentence
is that Black will spend the rest of his life in prison.
Eric Anthony Baker, Jr.,
sentenced to eight years in prison for
his part in the April 16, 2006, murder of Woodrow Cherry.
Baker, 19, or Florence Street in Parker, was convicted of
Accessory After the Fact to Second Degree Murder with a Firearm.
Baker testified in the trial of Daryl Black, who was convicted
of First Degree Murder and is scheduled for sentencing on
December 13 at 9:30 a.m.
At each trial, evidence was presented to show that Black shot
and killed Cherry and that Baker provided transportation and aid
after the fact.
Judge Glenn L. Hess followed Baker’s prison sentence with eight
years probation. Under Florida law, Baker will be required to
serve at least 85 per cent of his sentence.
Washington
County convictions on Jerry Lee Swagerty and Hulon Pitts.
STATE ATTORNEY STEVE MEADOWS announced that on Thursday a
Washington County jury convicted HULON PITTS, 60, of Chipley of
AGGRAVATED ASSAULT W/ A FIREARM. The jury deliberated until
about 9:30 Thursday night. PITTS was alleged to have pulled a
gun on 2 subjects on 2-21-06, following a dispute as to the
issue as to whether a roadway was a public or private road.
Pitts was taken into custody following the return of the verdict
and sentencing was set for 12-11-06 @ 1:00 PM. The offense
carries a maximum sentence of 5 years w/ a minimum mandatory 3
year sentence.
MEADOWS also announced that on Friday, another Washington County
jury convicted JERRY LEE SWAGERTY, 41, of Chipley, of Possession
of Cocaine. The case stems from his arrest by the Chipley Police
Dept in July of this year. Sentencing for SWAGERTY is also set
for 12-11-06. The offense carries a 5 year maximum sentence.
Registered Sex
Offender convicted in Child Pornography trial.
State Attorney Steve Meadows announces the conviction, in
Bay County Circuit Court, of Richard Jason Cox on a charge of
possession of the sexual performance of a child (child
pornography).
Cox, 27, of Sherman Avenue in Panama City, was found guilty as
charged after the three man, three woman jury deliberated about
one hour and 45 minutes. Sentencing is set for November 30. Cox
faces five years in prison.
Assistant State Attorney Barbara Adams presented to the jury an
explicit video which depicted a teenaged boy in sexual
situations. Neither the boy nor the adult in the video were
identified. The video was recovered from a computer hard drive
belonging to Cox.
Investigator Jeremy Mathis, of the Bay County Sheriff’s Office,
had communicated with Cox, by internet, while posing as a young
boy. Cox was acquitted, on Tuesday, of a charge of soliciting a
minor by internet.
Cox is a registered sexual offender and his photograph can be
found on the Florida Department of Law Enforcement sexual
predator/sexual offender website:
http://www.fdle.state.fl.us
State Attorney
Steve Meadows announces the indictment, by a Bay County Grand
Jury, of Jay Samuel Broxton, 34, Eric Lamar Harden, 29, and
Ahmad Jamal Smith, 27, on charges of Felony Murder, Robbery with
a Firearm, and Burglary of a Dwelling with a Firearm.
The trio had been
previously arrested in connection with the October 3, 2006,
robbery and murder of James Edwards, the half-brother of
Broxton, in the Shadow Bay area of Bay County.
The arrests were made after an investigation which reached
across the state into Duval County.
Each defendant is held without bond. Arraignment will be on
November 30 for Broxton and Smith. Harden’s arraignment date is
to be set.
The State Attorney’s death penalty qualification committee will
meet to consider whether to seek death. The committee’s
recommendation is then forwarded to State Attorney Steve Meadows
who will make the decision.
The maximum penalty for the robbery and burglary counts is life
in prison. Florida’s 10-20-life provisions could require a
sentence of 25 years to life for those counts.
Hit and run driver, two others sentenced to prison after
conviction at trial
Jeremy Peer, John Wyatt, and Leidy Truffin all went to trial
the week of October 23, all were convicted, and today, Bay
County Circuit Judge Dedee S. Costello sentenced each to prison.
Peer, 18, of Westland, Michigan, was sentenced to 12 years
prison, followed by three years probation, for Leaving the Scene
of an Accident Involving Death. Peer was vacationing with
friends, on April 17, 2006, when his 2006 black Jeep Commander
left the roadway and struck Colleen Martin and Monty Martin, who
were visiting from Pennsylvania. Colleen Martin, 31, died on the
scene. Monty Martin was injured and taken to the hospital but
recovered and testified at trial.
The probation included a prohibition against drinking alcoholic
beverages, a ban on driving, and the maximum fine of $10,000.00.
Peer’s father and sister spoke at sentencing and Peer’s attorney
provided a packet of 22 letters in support of leniency. Judge
Costello heard that evidence along with a statement by Colleen
Martin’s mother and letters from her two sisters.
Florida law requires Peer, and the other sentenced defendants,
to serve at least 85 per cent of the prison sentence.
Leidy Mesa Truffin, 23, of Panama City Beach, was sentenced to
two years prison, followed by three years probation, despite the
lack of prior criminal history. Truffin was conviction in
connection with a June 26 theft of merchandize from Wal-Mart at
the beach.
John Ray Wyatt, 40, of Panama City, was sentenced to three years
followed by two years probation for a felony Driving Under the
Influence. He was convicted, at trial, despite having refused to
submit to the Intoxilyzer or to perform any field sobriety
exercises. Wyatt’s February, 2006, DUI was his third. He had
also been previously convicted of boating under the influence.
Judge Costello permanently revoked Wyatt’s driver’s license and
fined him the maximum, $5,000.00.
