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Barnes gets 10 years for role in killing Dunebuggy driver
By STEPHANIE A. JAMES/Staff Writer
Wednesday, August 20, 2008 10:55 AM EDT
After emotional testimonies, a Concord man was sentenced to 10 years in prison on Monday for the voluntary manslaughter of his cousin last summer.
Anthony Barnes, 49, was convicted of killing Calvin Megginson, 58, after Barnes ran his 1993 Nissan pickup truck into a Dunebuggy driven by Megginson on Dreaming Creek Road near the Bent Creek community.
Barnes was originally charged with second-degree murder but in May a jury reduced the charge to voluntary manslaughter.
Circuit Court Judge William Shelton ordered that Barnes receive three years supervised probation upon release from incarceration and pay $5,000 to the criminal injuries compensation fund.
Before sentencing, Barnes turned in the direction of his family and emotionally expressed his condolences.
"I did not mean to kill (Calvin). If I could change it, God knows I would," said Barnes. "Don't look at me as a criminal because of an accident. Please look at me as part of your family."
Megginson's stepdaughter Consuela Wiley gave an emotional victim impact statement.
"I love my dad," said Wiley. "Life is fragile and delicate."
She said when she thinks of her father she sees laughter, love and strength.
"I see a man that would have done anything for us," said Wiley.
The sentencing guidelines called for a minimum of two years and a maximum of five years in prison.
The jury recommended that Barnes receive 10 years.
"I know the sentencing guidelines and I hate them," said Wiley. "They are unfair. Life is unfair."
She pleaded that Barnes get the recommended sentence of the jury.
During victim impact testimony, Megginson's father, 93-year-old Norvelle Megginson, said that his son helped him around the house.
Commonwealth Attorney Darrel Puckett departed from the sentencing guidelines of the maximum of five years and advised that he receive the jury recommended 10-year sentence.
"The defendant got his break when the jury reduced the second degree murder to voluntary manslaughter," said Puckett.
Puckett summarized the evidence and testimonies from the jury trial of Barnes, who Puckett said had prior driving under the influence convictions.
Puckett said that Barnes admitted to special agent John Phillips of the Virginia State Police that he hit Megginson.
Puckett said that Barnes' truck was found with significant front-end damage150 feet in the woods under a tree and that Barnes confessed to hitting Megginson.
But prior to Barnes confession, Puckett said that according to one of the Virginia State Police special agent's testimony, Barnes shook his head when asked if he knew anything about the accident or Megginson, who was discovered by police laying down in the shoulder of the road.
At the scene, investigators discovered skid marks that extended over 400 feet (longer than the distance of a football field) and antifreeze in the road.
During the jury trial, Megginson's father testified that he witnessed Barnes and Megginson in an altercation.
Also, when he encountered Barnes on the road, Megginson said that the Barnes said, "You tell your boy when I see him I will kill him."
During May's jury trial, Barnes denied telling Megginson's father that he was going to kill Megginson and that he what Norvell witnessed was playing instead of a fight.
Barnes had testified that he and Megginson had been together that day drinking alcohol and waiting for the bateau boats to pass.
He testified that on the day of the incident he was following Megginson on the road after they agreed to go to his house.
Barnes testified that he mistakely "clipped" Megginson when he was on the road.
Barnes then said that the Dunebuggy proceeded to go up the hill and he said that the Dunebuggy veered to the left side of the road then Megginson fell off the dunebuggy.
But Puckett painted a different picture of what happened.
Puckett said that the two men were traveling in opposite directions.
Puckett said that in order for Barnes to have hit him, Barnes would have had to have pass Megginson and come back and hit him.
"The story he told to the court does not add up," said Puckett.
Also, according to jury trial testimony Barnes did not immediately call for medical assistance after he hit Megginson instead Barnes stood at the accident site for several minutes before seeking help.
Due to the impact, Puckett said that assistant state medical examiner William Gormley Megginson experienced a severed liver, broken ribs, a broken spine, internal bleeding and a major laceration on the top of his head.
He said that the medical examiner testified that if Megginson had received immediate medical attention he could have lived.
Puckett said because of what happened, Megginson's family would not be able to see Calvin Megginson again.
Defense Attorney Mark Arthur represented Barnes.
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