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Grand jury indicts Concord man for second-degree murder
By STEPHANIE A. JAMES/Staff Writer
Tuesday, December 4, 2007 5:10 PM EST
A grand jury indicted a 49-year-old Concord man on Tuesday for a second-degree murder charge involving the death of his cousin.
Anthony Barnes allegedly rammed his red 1993 Nissan pickup truck into Calvin Lee Megginson's yellow dune buggy on June 16.
Megginson, 58, was pronounced dead at the scene.
Barnes' trial is tentatively set for March 13, 2008.
During a preliminary hearing last Wednesday, Judge Robert G. Woodson found that there was enough evidence to forward the second-degree murder charge to a grand jury.
The incident occurred just before 7:30 p.m. on State Route 605 near Bent Creek.
When investigators were called to the scene, Megginson was found laying down in the shoulder of the road next to the Dunebuggy.
The prosecution's five witnesses testified that the death of Barnes was not merely because of the collision but because Barnes pushed Megginson outside of dune buggy 400 feet down the road.
Medical examiner William Gormley testified that Megginson suffered injuries including crushed ribs, a broken back, cut liver, a severely broken leg and suffered internal bleeding after being pushed 400 feet down Dreaming Creek Road.
He determined that Megginson had died from blunt force trauma.
Defense Attorney Mark Arthur asked Gormley if Megginson could have sustained his injuries during transport to the medical examiners office.
Gormley replied by saying the only way that he could have suffered the injuries was if he were taken out of the vehicle and ran over.
State Trooper Andrew Goss, who was first on the scene, testified that witnesses directed him to Barnes' home, which was seven-tenths of a mile from the scene.
Goss testified that Barnes' vehicle had significant front-end damage and yellow marks similar to the color of Megginson's dune buggy.
During investigation, investigators were told from acquaintances that Barnes and Megginson had gotten into an altercation earlier that day of the incident.
Goss testified that he noticed tire marks that led into a wooded path where Barnes' truck was found.
Barnes had admitted to Goss that he hit Megginson, but he said it was an accident.
Senior Trooper and accident reconstructionist G.G. McMurray of the Virginia State Police also provided testimony about the accident.
McMurray testified that on the back of the dune buggy there was red paint.
Also McMurray noted that there was radiator fluid in the road at the scene and that there was a path of it up and down the road.
Since Barnes had radiator damage to his pickup the fluid leakage in the road determined that Barnes had returned to the scene after it occurred.
State Trooper Derrick Tyree testified that while Goss was investigating the incident, he began asking people at the scene if they knew anything about the incident or Megginson.
Unknown of a connection, Tyree testified that he approached a vehicle in which Barnes was in the passenger seat.
Tyree then asked Barnes if he knew what happened or if he knew Megginson.
Tyree stated that Barnes replied by shaking his head "no."
Special Agent J.K. Phillips testified that he interviewed Barnes at around 3:54 a.m., which was in the early morning the next day after the incident.
"I said explain to me how this accident occurred," said Phillips.
Barnes told Phillips that he hit Megginson with his truck.
During the interview, Barnes told Phillips that he and Megginson had gone fishing and that he had a few beers and a shot of liquor.
Barnes told Phillips that earlier that day he and Megginson had an altercation.
He said that Megginson had become agitated with him and slapped him, knocking his glasses off his face.
Phillips said Barnes also told him about an altercation they had in 1995.
Barnes told Phillips that Megginson had struck him in the back with a jackhammer, an incident that put him in the hospital because of a ruptured spleen.
During closing arguments, Arthur requested a motion to strike, which was an attempt to have the murder charge dismissed.
Authur stated that Assistant Commonwealth's Attorney Les Fleet did not provide enough evidence showing Barnes intended to kill Megginson.
Also Arthur stated that the trooper could not explain what would have happened if there were no brakes on the truck.
"They do not show probable cause," said Arthur.
But Woodson was convinced otherwise since there was evidence that the dune buggy was pushed 400 feet, which is 100 feet longer than a football field.
Woodson also noted that Barnes drove back and forth down the road at the scene, the truck was hidden in the woods at Barnes home and the fact that Barnes mentioned a fight that occurred 12 years ago during a police interview.
"Based on the evidence I heard, it is enough to consider going to the grand jury," said Woodson.
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