ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, March 6, 1996 TAG: 9603060078
SECTION: VIRGINIA PAGE: C5 EDITION: METRO
SOURCE: TODD JACKSON STAFF WRITER
Kirby DeHart, convicted of a murder for the second time last month, was sentenced to 17 years in prison Tuesday.
DeHart was retried and found guilty on Feb. 17 of the second-degree murder of Franklin County widow Effie Rakes, 81. Rakes was found shot dead in her remote home in the mountains of Endicott in June 1991.
The jury that found DeHart guilty last month recommended the 17-year sentence, and Judge Kenneth Trabue imposed it at a hearing Tuesday in Pittsylvania County Circuit Court, said Franklin County Commonwealth's Attorney Cliff Hapgood.
DeHart was first convicted of Rakes' murder in 1992 in Franklin County and sentenced to 27 years for it and two related charges - breaking and entering to commit sexual battery and using a gun in a felony.
The Virginia Court of Appeals overturned the decision in 1994 and ordered a retrial.
The court based the reversal on what it believed was a violation of DeHart's rights: A possibly biased person was included in the pool of jury candidates for his trial. The woman did not serve on the panel that convicted him.
DeHart's second trial was moved to Chatham because of publicity surrounding the case.
Because the three years he has spent in prison will count toward his new sentence, DeHart could be eligible for parole as early as this year.
Hapgood said he will write a letter to the state Parole Board asking that it keep DeHart behind bars for as long as possible.
DeHart continued to profess his innocence at Tuesday's hearing, Hapgood said.
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