« Ind. Courts - "Proposal to close Lake County courts stirs opposition" | Main | Ind. Decisions - Court of Appeals issues 1 on Oct. 19th (and 2 NFP) »
Tuesday, October 20, 2009
Ind. Courts - "Jurors ‘missed it’ in murder acquittal, judge says"
Jason Riley reported yesterday in the Louisville Courier Journal in a story that began:
Senior Judge Martin McDonald on Monday said a Jefferson Circuit Court jury “kind of missed it” when they “bought” Adam Barker’s claim that he was acting in self-defense when he fatally shot 20-year-old Zachary Scarpellini on Cherokee Road in October 2003,Jurors on Friday acquitted Barker of murder but found him guilty of second-degree manslaughter, meaning they ruled Barker believed his life was in danger, but was mistaken in that belief.
The jury also convicted Barker of tampering with physical evidence and criminal mischief for cutting the tires on Scarpellini's vehicle in October 2003, mistakenly believing that Scarpellini was one of three men who had fought with him at a bar earlier that year.
On Monday, it took jurors just 15 minutes to recommend to McDonald that he impose the maximum penalty, 20 years in prison.
And it was up to McDonald to decide if Barker, who is already serving a 40-year prison sentence for fatally stabbing Carlos Berrelez in the 1100 block of Lexington Road in October 2004, would serve the 20 years at the same time or consecutively with the Berrelez murder sentence.
Defense attorneys asked for the sentences to be served at the same time, but McDonald noted that this was “not my first go round with this defendant” and ordered that Barker serve the sentences consecutively — a total of 60 years in prison. He will be eligible for parole in 15 years.
Jurors declined to comment as they left the courthouse.
Assistant Commonwealth's Attorney Tom Van De Rostyne said some jurors expressed regret that they did not get to hear about Barker’s lengthy criminal history — several assaults and the murder conviction — until the sentencing phase of the trial. * * *
Zachary Scarpellini’s mother, Denise, who went to shake McDonald’s hand after the sentencing, said Barker “had a pattern” of dangerous behavior and “he followed it.”
While she didn’t blame jurors for acquitting Barker of murder, she said the justice system was flawed in not allowing Barker’s criminal history to be presented at trial.
Posted by Marcia Oddi on October 20, 2009 10:28 AM
Posted to Indiana Courts