Carl Kelley gets 35 years for hiring son-in-law’s killer

JONESBORO, AR— Second Judicial District Prosecuting Attorney Scott Ellington of Jonesboro announced that Carl D. Kelley, one of four defendants charged in the conspiracy killing of his daughter’s husband in August 2011, was officially sentenced today in Craighead County Circuit Court.

Ellington said that Kelley admitted his role in the murder for hire conspiracy that resulted in the death of his son-in-law Marc Despain, a real estate investor and appraiser. Kelley entered a plea of guilty to first degree murder before Circuit Judge Victor Hill on December 4 of last year. Kelley was sentenced to 35 years in the Arkansas Department of Correction today.

Jack and Tana Despain, parents of Marc Despain, addressed the court and Kelley with victim impact statements, Ellington said.

Four defendants: Kelley, convicted shooter Terrance Barker and Johnny Hubbard were arrested days after the killings on charges of capital murder for conspiring to kill Despain. Evidentiary developments this past spring led Jonesboro Police to arrest Michelle Despain, Marc Despain’s wife and Kelley’s daughter, for her alleged role in the conspiracy to kill her husband.

Hubbard introduced Kelley to Barker, who acted as the trigger man in the murder. Kelley is also accused of driving Barker to Despain’s home and letting him inside the residence to murder his son-in-law.

On May 7, Barker pleaded guilty to first degree and was sentenced to 35 years in prison on the condition he fully cooperates with authorities in future proceedings involving the murder. Hubbard entered a plea to a reduced charge of hindering apprehension and received an 18 year sentence. His probation on a previous drug conviction was revoked and he was sentenced to 40 years. The prison terms are to run consecutively for a total of 58 years, Ellington said.

Ellington added that Despain’s parents, Jack and Tana, approved the plea agreement.

“We have not entered into any of these pleas without the consent of Marc’s parents. We have been able to obtain guilty pleas from three of the four defendants in this case. Marc’s parents have been in full agreement with our negotiations, and we will now focus our sights on the final defendant,” the prosecutor said.

Kelley’s plea and sentencing means that his daughter, Michelle Despain, remains as the final defendant in the case. She is charged with capital murder and is due back in court on January 28, 2013 for a pretrial hearing and her trial is scheduled to begin February 11.

“With Kelley’s guilty plea and sentencing, and thanks to the good work Detective Vic Brooks and the Jonesboro Police Department, the State is one step closer in obtaining justice for Marc Despain and his parents,” Ellington said. “Today’s proceedings will allow us to focus our time and resources on the Michelle Despain case.”

The State was represented by Ellington and Senior Deputy Prosecuting Attorneys Mike Walden and Alan Copelin. Kelley was represented by public defenders Charlene Henry of Jonesboro and Katherine Streett of Little Rock.

Prosecuting Attorney Scott Ellington’s statement regarding State v. Lard verdict:

When the spouse of a law enforcement officer sends him or her off to begin their shift, they never know if they will see each other alive again. The most important job of a law enforcement officer is to return home safely to his or her family at the end of his or her shift.

I have attended three funerals for fallen officers since I was elected in 2010. I hope and pray that I never have to attend another. The citizens of the Second Judicial District can trust that if another law enforcement officer is killed in the line of duty while I am your prosecuting attorney, my office will pursue the death penalty against the responsible person(s). My administration has and will continue to have an absolute zero tolerance policy for the unspeakable crime of murdering a police officer in the line of duty.

My decision to seek the death penalty in this case is one that did not come without a great amount of thought and prayer. Capital punishment and the use of such is not something that I take lightly. In this particular case, I saw no other option. Not only did the defendant kill Trumann Police Officer Jonathan Schmidt, he came within inches of killing Sgt. Corey Overstreet in the same episode.

In my 20 years as a trial attorney, I have never heard a jury speak any louder or clearer than this Greene County jury did today. This jury spoke volumes with the punishment that they delivered– a sentence of death. The jury echoed the commitment of the community to protect those who protect us. I am very proud of their courage and fortitude. I know it wasn’t an easy decision, but it is one that had to be made. The jury is the conscience of the community, and I appreciate their sacrifice in serving in this two week trial, and for what I know had to be a difficult decision. We knew it would take all 12 jurors to impose the death sentence and they have done just that.

The State of Arkansas, and I speak for the State as the elected prosecutor for the 2nd Judicial District, believes Officer Jonathan Schmidt and his family now have justice for his murder and are a step closer to closure. The pain and suffering they have experienced is a tremendous amount of pain and suffering. That pain and void that they feel will never fully go away, but I pray that with the jury’s decision that they will find peace. The family of Officer Schmidt are some of the finest and strongest people that I have ever had the privilege of knowing, and they will continue to be in my prayers.

I want to thank my team, Greene County Deputy Prosecutors Kimberly Dale and Dr. Andy Fulkerson; Poinsett County Deputy Prosecutors Jimmy Gazaway and David Boling; and our support staff: Zach Morrison, Liz Wagner, Robin Norman, and Investigator Allan Hicks. All have given 110 percent, and I could not be prouder of my deputy prosecutors and staff for their tireless work and effort in helping me achieve justice for Officer Schmidt and his family.

I also want to thank Poinsett County Judge Charles Nix, Poinsett County Sheriff Larry Mills, Craighead County Sheriff Jack McCann, Greene County Sheriff Dan Langston and all of their departments for the assistance they have provided throughout this long ordeal.

Poinsett County has went above and beyond the call of duty in helping to bring this murderer to trial and hold him responsible for his actions.

The Arkansas State Police and their expertise were so valuable in taking this case, investigating it, and pulling it together for the prosecution team. They turned over every rock and followed every possible lead to ensure that justice would be done for Officer Schmidt. Lead Investigator Special Agent Mike Grimes, Sgt. John Carter, Special Agents Ramey Lovan, Allen Earnhart and Tony Roe gave their all and I appreciate their service.

Most importantly, let us not forget about the true heroes in this, Officer Jonathan Schmidt and Sgt. Corey Overstreet, who put their lives on the line everyday to serve and protect the people of Trumann.

Officer Jonathan Schmidt made the ultimate sacrifice doing what he loved most, protecting and serving his community. His legacy and life that he gave unselfishly will never be forgotten.

In remembering Officer Schmidt and the sacrifice that he made, my mind was drawn to John 15:13:

“Greater love hath no man than this, that a man lay down his life for his friends.”

Officer Jonathan Schmidt, fallen, but not forgotten.

JONESBORO, AR— Second Judicial District Prosecuting Attorney Scott Ellington of Jonesboro announced that Johnny Hubbard, one of four defendants charged in the killing of a Jonesboro businessman last August, pleaded guilty today in Craighead County Circuit Court.

Ellington said that Hubbard admitted his role in the murder for hire conspiracy that resulted in the murder of Marc Despain, a real estate investor and appraiser. Hubbard’s negotiated plea to the charge of hindering apprehension or prosecution resulted in an 18 year prison term. Hubbard also had his probation on a prior drug conviction revoked and he was sentenced to 40 years in prison on that charge. The prison terms are to run consecutively, Ellington said.

In exchange for prosecutors agreeing to the plea, Hubbard promised to fully cooperate with authorities and testify in the upcoming trials of two of his co-defendants, Carl Kelley and Michelle Despain, the father-in-law and widow of the deceased, Ellington said. A third co-defendant pled guilty on May 7.

“The State reached an agreement with Mr. Hubbard’s defense attorneys in recent days that led to today’s guilty plea,” Ellington stated. “Negotiations have been ongoing for weeks. With Hubbard’s promise of truthful testimony against Michelle Despain and Kelley, the State agreed to the plea bargain for Hubbard.”

Michelle Despain and Kelley are charged with capital murder for conspiring to hire Terrance Odell Barker to kill Despain. Hubbard introduced Kelley to Barker, who acted as the trigger man in the murder.  On May 7, Barker pleaded guilty to first degree murder. The State recommended a 35 year prison sentence for Barker if he provides truthful testimony against other defendants in this case now or in the future. Barker will be officially sentenced at a later date.

Kelley is also accused of driving Barker to Despain’s home and letting him inside the residence to murder his son-in-law.

Ellington added that Despain’s parents, Jack and Tana, approved the plea agreement.

“With today’s guilty plea by Hubbard, the State is one step closer in obtaining justice for Marc Despain and his parents,” Ellington said.

The State was represented by Ellington and Senior Deputy Prosecuting Attorneys Mike Walden and Alan Copelin. Hubbard was represented by Craighead County Public Defenders Paul Teufel and Dax Greer.

May 7, 2012

FOR IMMEDIATE RELASE

Contact: Zach Morrison  

(870) 932-1513

zachmorrison@yourprosecutor.org

JONESBORO, AR—Second Judicial District Prosecuting Attorney Scott Ellington announced that Terrance Odell Barker, one of three defendants charged in the killing of a Jonesboro businessman last August, pled guilty today in Craighead County Circuit Court.

Ellington said that Barker admitted his guilt to one count of first degree murder in the murder for hire killing of Marc Despain, a real estate investor and appraiser. In exchange for Barker’s guilty plea and promise of truthful testimony against his two co-defendants in the case, prosecutors reduced his charge from capital murder to first degree murder and recommended that he be sentenced to 35 years imprisonment.

“The State reached an agreement with Mr. Barker’s defense attorneys this morning that led to today’s guilty plea,” Ellington stated. “Negotiations have been ongoing for approximately 10 days. With Barker’s promise of truthful testimony against Carl Kelley and Johnny Hubbard, the State agreed to 35 years imprisonment for Barker.”

Sentencing for Barker will be delayed until the September court appearance when co-defendants Kelley and Hubbard are scheduled to appear. Ellington added that Despain’s parents, Jack and Tana, approved the plea agreement.

“This plea agreement, which was approved by the deceased’s parents, will allow the State to move forward in reaching justice for Marc Despain,” Ellington said.

The State was represented by Prosecuting Attorney Scott Ellington and Senior Deputy Prosecuting Attorney Michael Walden. Barker was represented by attorneys Danny Glover of Wynne and Joe Perry of Marianna.

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IN MEMORY OF DEPUTY PROSECUTING ATTORNEY BRUCE HARLAN:

Second Judicial District Prosecuting Attorney Scott Ellington released the following statement on the passing of Mississippi County Deputy Prosecuting Attorney Bruce Harlan, who passed away at around 11 a.m. Thursday, October 27, 2011:

“It is with sad heart I express my deepest sympathies to the family of Bruce Harlan. He dedicated his life to serving the people of Blytheville and Mississippi County as their Deputy Prosecuting Attorney. Bruce was an example for all through his love of Christ and his family. His wisdom and example has had a tremendous influence on so many. The state of Arkansas has lost a true friend and champion. My thoughts and prayers go to his wife Jeanne and their children during this difficult time.”

– Scott Ellington, District Prosecuting Attorney

“I have fought the good fight, I have finished the race, I have kept the faith.” – 2 Timothy 4:7

IN MEMORY OF

Deputy Prosecuting Attorney Bruce Harlan

1953-2011

Some are happy, some are angry, and others are perplexed. Such is the case at the conclusion of every trial. This one is no different.

Just moments ago Damien Echols, Jason Baldwin and Jessie Misskelley Jr. pled guilty to the murders of Stevie Branch, Christopher Byers and Michael Moore.

Echols and Baldwin stand convicted of three counts of Murder in the First Degree. Misskelley stands convicted of one count of First Degree Murder, and two counts of Murder in the Second Degree, thereby affirming the verdicts the two juries handed down seventeen years ago.

A 2010 Arkansas Supreme Court ruling brought to light the very real scenario that each of the defendants could likely receive a new trial. I believe that allegations of misconduct on behalf of a juror in the Echols-Baldwin trial would likely result in a new trial being ordered either by the circuit court or federal court. I further believe it would be practically impossible to put on a proper case against the defendants in this particular case after eighteen years of extended litigation. Even if the State were to prevail in a new trial, sentences could be different and the appeals process would begin all over again.

Since the original convictions, two of the victims’ families have joined forces with the defense, publically proclaiming the innocence of the defendants. The mother of a witness who testified about Echols’s confession has publicly questioned her daughter’s truthfulness, and the State Crime Lab employee who collected fiber evidence at the Echols and Baldwin homes after their arrests has died.

In light of these circumstances I decided to entertain plea offers that were being proposed by the defense. I NEVER considered ANY arrangement that would negate the verdicts of those two juries. Guilt or Innocence was NEVER ON THE TABLE.

Todays proceeding allows the defendants the freedom of speech to SAY they are innocent, but the FACT is, they just plead GUILTY. I strongly believe that the interests of justice have been served today.

On behalf of the State I have preserved the verdicts of those juries and averted more prolonged and costly trials and appeals in this case.

The legal tangle that has become known as the West Memphis Three case is finished.

I have spoken with members of the victims families and I can tell you they are still suffering the loss of their little boys. Neither this nor any other proceeding can bring those children back.

As part of the plea and sentence negotiation the defendants were sentenced to a period of 18 years with credit for time served. Those sentences will be followed by 10 years SIS or Suspended Imposition of Sentence.

These defendants have spent roughly half of their lives in prison. I pray that during this time they have been rehabilitated.

The defendants are now at liberty and will remain at liberty so long as they do not violate the terms and conditions of the Suspended Imposition of Sentence agreement. ANY violation of these terms WILL RESULT in an additional 21 years of prison.

An arrest has been made in connection to a 5-month-old puppy being dragged behind a car last week in Jonesboro. A probable cause hearing will be held today.

Prosecutor Ellington has requested that the state police investigate allegations of voter fraud in the special election for district 54 state representative. Read more HERE.

Job well done to Craighead County Detention Center Officer Logan Thomas. Officer Thomas was recognized yesterday and presented with a medal by Sheriff Jack McCann for saving a choking inmate in May. Thanks for going above and beyond, Officer Thomas!

Scott had a great time today at the Law Enforcement Appreciation luncheon hosted by the Craighead County Sheriff’s Department Had a wonderful opportunity to visit with law enforcement officers, judges, and others who work in the criminal justice system from in and around the 2nd Judicial District.