Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, July 12, 1990 TAG: 9007120332
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: MONICA DAVEY STAFF WRITER
DATELINE: RUSTBURG LENGTH: Medium
"I'm pleading guilty because I am guilty, your honor," Barksdale, 29, told Campbell County Circuit Judge J. Samuel Johnston Jr.
Barksdale has told authorities that he killed the Evington woman on her 45th birthday in January and tried to make it look like a car accident - all at her husband's request.
Her husband, James Ira Hicks, is charged with murder-for-hire and is scheduled to stand trial Monday for mapping out the killing. Barksdale is expected to be a crucial witness for the prosecution of the former school teacher.
Barksdale, a carpenter from Lynchburg, pleaded not guilty at his preliminary hearing in March and was expected to stand trial in September. But what was expected to be a motions hearing Wednesday afternoon quickly turned into a guilty plea.
Barksdale stood up straight, his hands grasped together behind his back, as he offered polite, unwavering answers to 20 minutes of questioning from the judge.
He insisted that he expects no special consideration at sentencing time in exchange for the plea. The minimum sentence for capital murder is life in prison. The maximum is death in the electric chair.
"No sir, no one's promised me anything," Barksdale told the judge.
Barksdale admitted that he hoped the judge might show "mercy" at sentencing.
Barksdale's court-appointed attorney, James J. Angel, told the judge he endorsed his client's plea.
In 22 meetings with Barksdale since his arrest, the only real question that arose was the "hire" element of the murder charge, Angel said.
Barksdale has admitted to receiving $900 for the killing, but Angel said money was not the central motive. James Hicks had threatened to harm Barksdale's family and to come forward about some outstanding bad-check charges against Barksdale unless he carried out the killing, Angel alleged.
Because Barksdale was not motivated to kill only by money, Lena Hicks' death might not be a "typical" murder-for-hire scheme, Angel said. Nonetheless, from a legal perspective, he said it would certainly fall into that category.
Angel said he hopes several factors will lead Johnston to opt against the death penalty in Barksdale's case. A family man, Barksdale has no previous convictions for violent crimes, Angel said.
Barksdale also has cooperated with authorities all along, Angel said. Along with his guilty plea, Barksdale confessed to the crime early, testified against James Hicks at a preliminary hearing and even led investigators to the location of the murder weapon.
Authorities clearly are counting on Barksdale's continuing cooperation when Hicks' trial starts Monday in Colonial Heights. Commonwealth's Attorney Neil S. Vener said Wednesday he thinks Barksdale's guilty plea makes him a more believeable witness.
Hicks' attorney, Bryan Selz, silently took notes from the front row of the spectators' section during the 90-minute proceedings Wednesday.
by CNB