Judge John R. Barney, Jr.
Prosecutors: Larry Sells, Brian G. Poindexter
Defense: Alex Voils, Carolyn W. Rader
Date of Murder: August 3, 1993
Victim(s): Francis Benefiel W/M/66; Helen Benefiel W/F/65 (Grandparents of Barker's former girlfriend)
Method of Murder: shooting with handgun
Summary: Barker's former girlfriend, Candice Benefiel, was staying with her grandparents, Francis and Helen Benefiel, in their home. Barker watched the home one night for several hours, then broke in and struggled with Candice. Francis came to her aid and jumped on Barker, who shrugged him aside and shot him through the heart. Barker then broke down a bathroom door and found Helen and the one year old child of Barker and Candice, hiding in the closet. Barker shot Helen in the head and took the child. He then forced Candice to leave with him, first to the home of his former wife, Deanna Barker, then to Tennessee, where he was later arrested. At trial, Barker claimed he just wanted to see his daughter, he shot Francis in self-defense and shot Helen accidentally.
Trial: Information/PC for Murder filed (08-04-93); Amended Information for DP filed (02-18-94); Voir Dire (06-17-96, 06-18-96, 06-19-96); Jury Trial (06-20-96, 06-21-96, 06-23-96, 06-24-96); Verdict (06-24-96); DP Trial (06-25-96, 06-26-96, 06-27-96); Verdict (06-27-96); Court Sentencing (11-26-96, 12-30-96).
Conviction: Murder (2 counts), Kidnapping (A Felony), Confinement (B Felony), Burglary (B Felony)
Sentencing: December 30, 1996 (Death Sentence)
Aggravating Circumstances: b (1) Burglary, b (1) Kidnapping, 2 murders
Mitigating Circumstances: brain damage, low IQ, 3rd grade reading level, progressive neurological disease
Direct Appeal:
Barker v. State, 695 N.E.2d 925 (Ind. June 12, 1998)
Conviction Affirmed 5-0 DP Vacated 5-0
(Failure to Instruct on Life Without Parole / improper admission of prior assaults on Candice)
On Remand:
Marion Superior Court Judge Grant W. Hawkins granted Motion to Dismiss Death Penalty, declaring that the Indiana death penalty statute was unconstitutional in light of Apprendi v. New Jersey, since a jury was not required to make death finding.
State v. Barker, 768 N.E.2d 425 (Ind. April 26, 2002)
Interlocutory appeal by State. Reversed and remanded for new sentencing phase trial.
Per Curiam Opinion; Shepard, Dickson, Sullivan, Boehm, Rucker.
Marion Superior Court Judge Grant W. Hawkins again granted Motion to Dismiss Death Penalty, declaring that the Indiana death penalty statute was unconstitutional in light of Ring v. Arizona, which requires that aggravators outweigh mitigators “beyond a reasonable doubt,” which our statute does not require.
Barker v. State, 809 N.E.2d 312 (Ind. May 25, 2004)
Interlocutory appeal by State. Reversed and remanded for new sentencing phase trial.
Opinion by Dickson; Shepard, Sullivan, Boehm, Rucker concur.
(Rucker notes that Ring/Apprendi requires that weighing be “beyond a reasonable doubt”, but would not declare statute unconstitutional. He would simply construe the statute to implicitly require such a standard.)
State v. Barker, 826 N.E.2d 628 (Ind. May 4, 2005) (On Rehearing)
(Death penalty statute requiring court to impose sentence if jury is unable to agree on a sentence recommendation after reasonable deliberations does not violate STATE constitutional right to jury trial.)
Opinion by Dickson; Shepard, Sullivan, Boehm concur. Rucker dissents.
On December 21, 2005 Barker entered a guilty plea to all charges in the Marion Superior Court and was sentenced to Life Without Parole on two counts of Murder. Consecutive sentences were given for Kidnapping (50 years), Confinement (20 years), Burglary (20 years), and Carrying a Handgun Without a License (1 year).
As of July 1, 2006