ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, August 27, 1996 TAG: 9608270071
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
DATELINE: CHRISTIANSBURG
SOURCE: LISA K. GARCIA STAFF WRITER
NOTE: Below
Gary Wayne Barker's mother sobbed loudly and had to be escorted from court Monday when the judge imposed a 53-year prison sentence on her son for his part in last year's abduction and murder of a Virginia Tech student.
Barker, 20, avoided life behind bars after agreeing to testify in future trials about statements he made to police after the crime spree that included the shooting death of 22-year-old Alexander V. DeFilippis.
Those statements could be key in the upcoming capital murder trial of the alleged trigger man, Benjamin Lee Lilly, who could face the death penalty if convicted. Lilly's brother, Mark, also is charged with murder.
Mark Lilly and Barker told authorities that Ben Lilly pulled the trigger of the .38-caliber gun that killed DeFilippis Dec. 5, shortly after he was carjacked from a Blacksburg convenience store parking lot and driven to the rural Whitethorne area.
Montgomery County Circuit Judge Ray Grubbs accepted Barker's plea and sentenced him to life in prison for murder as a principal in the second degree, but suspended that sentence for 75 years. The conviction means Barker, although not the trigger man, bears just as much blame for being part of the crime.
Grubbs also sentenced Barker to 15 years for carjacking, one year for abduction, 25 years for robbery and 12 years for four related firearm charges.
Defense attorneys Jimmy Turk and Fred Kellerman said the community should be pleased with Barker's sentence under the circumstances. Barker must serve at least 85 percent of his sentence and will be in his early 60s before he is eligible for parole.
"Gary Barker's testimony will be critical" in the trials of Ben Lilly and Mark Lilly, Turk said.
The sentence is long in terms of years, Turk said, but offers Barker "the hope of one day getting out."
Barker's testimony will be an important element in the prosecution's case, said Assistant Commonwealth's Attorney Skip Schwab.
"He told police where to find the body and where to find some of [DeFilippis'] personal items," Schwab said. "The [DeFilippis] family decided to accept a term of years instead of life."
DeFilippis, a junior environmental science major from McLean, was abducted from the Hethwood Xpress parking lot as he stood outside his car checking the tires. A friend was inside making a photocopy.
Investigators believe DeFilippis was forced into the back seat and driven several miles to Whitethorne, where he was stripped to his underwear and socks, then shot in the head three times near some railroad tracks. A fourth gunshot wound was found in his forearm, suggesting he was trying to shield himself.
Authorities believe the events were set in motion Dec. 4 after a home in the Alum Ridge section of Floyd County was broken into and three guns were stolen. DeFilippis was abducted about 7:15 the next night, Dec. 5.
The H&L Mini Mart in Eggleston was robbed at 7:45 p.m. About 40 minutes later, another Giles County store, the M&W Market in Pembroke, was robbed. Minutes later, authorities began capturing the three men, including two who ran away from DeFilippis' car.
Ben Lilly, 28, is scheduled to be tried Oct. 15 on charges of capital murder, carjacking, abduction, robbery and four counts of use of a firearm.
Mark Lilly, 20, will be tried Nov. 19 on charges of murder and the same accompanying charges as his brother. He faces a maximum of life in prison.
Besides murder, all three men face other charges in Floyd and Giles counties. As part of the plea agreement, the Giles prosecutor agreed Monday that any sentence Barker received there would run concurrently with the Montgomery County time.
LENGTH: Medium: 74 lines ILLUSTRATION: PHOTO: (headshot) Barker. color. KEYWORDS: FATALITYby CNB