Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, May 30, 1993 TAG: 9305300206
SECTION: VIRGINIA PAGE: A1 EDITION: METRO
SOURCE: PAUL DELLINGER STAFF WRITER
DATELINE: HILLSVILLE LENGTH: Medium
Midkiff, 29, had been charged with capital murder in the child's killing, which could have meant the death penalty.
The jury recommended sentences of life imprisonment on each conviction, as well as 10 years and a $15,000 fine for arson in the burning of the victims' home.
"It ain't over yet," Midkiff called out to his wife and other family members who had waited throughout the 13 hours that the jury deliberated.
It was the sixth day of the trial. It took the first day and a half to seat jury members who had not already made up their minds about the case, which generated much publicity in Carroll County.
About 90 people - including members of the victims' family - were on hand at 10 p.m. when the verdicts were announced.
Circuit Judge Duane Mink delayed imposing sentences until a presentence report is made and defense attorneys have time to file motions in the case.
Midkiff had confessed to the stabbing deaths of 30-year-old Sheila Marie Ring and her 2-year-old daughter, Jasmine Sutphin, whose bodies were found in the ashes of their home Dec. 3, 1991, near Woodlawn.
He repudiated that confession from the witness stand Friday, claiming that he broke down after hours of relentless questioning by authorities and told them what he thought they wanted to hear.
Midkiff was charged with first-degree murder in Ring's death, and capital murder in the death of her daughter as part of the same offense.
The question of capital murder in the case of the child hinged on whether Midkiff killed her with premeditation or in the heat of passion.
In his confession when he was questioned a few days after the killings, Midkiff said he and Ring were having an affair and he "lost it" and killed her with a knife from her kitchen when she threatened to tell his wife. He said he swung the knife around at the daughter when she came running into the room.
Defense attorneys Fred Werth and Jonathan Venzie argued that the fatal slashing of the child's throat was spontaneous. Commonwealth's Attorney Greg Goad recalled testimony from Dr. David Oxley, medical examiner, that the wound was deep and all the way across the throat. Goad said this indicated enough prior thought to constitute premeditation.
The defense had pointed out incorrect details about the crimes in Midkiff's statement as indications that he did not really know what happened. The prosecution emphasized details in it that the killer would have known.
Midkiff testified that he got some of the correct details in conversation with Sheriff R.D. Carrico, to whom he ended up confessing, and guessed at the rest. Carrico denied providing those details.
The judge advised the seven women and five men on the jury not to discuss their deliberations with the news media.
by CNB