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Thread: Richard Sharp Shelton Sentenced to LWOP

  1. #1
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    Richard Sharp Shelton Sentenced to LWOP

    Two suspects indicted for capital murder

    A DeKalb County grand jury indicted two Boaz men for capital murder for the alleged killing of a New Harmony man.

    Murder indictments were served to Billy Ray Justice, 20, and Richard Sharp Shelton, 17, at DeKalb County Jail on Thursday. Both Justice and Shelton were also indicted for first-degree arson.

    DeKalb County investigators charged Justice and Shelton each with capital murder June 15 in the shooting death of 63-year-old Jerry Neal Burt. If convicted, Justice could face the death penalty. Shelton is charged as an adult but could face life in prison without parole if convicted because of a recent Supreme Court decision. That decision, according to DeKalb District Attorney Mike O'Dell, says that no juvenile may be sentenced to death regardless of whether the juvenile is charged as an adult or how charges are filed.

    A trial date has not been set but will likely be in early 2011.

    At the time, DeKalb County Sheriff Jimmy Harris said the two allegedly went to Burt's County Road 58 sometime on the night of June 12 with the intent to rob him of cash and prescription medications.

    At some point during the robbery attempt, Harris said Burt was shot "multiple times." He said Shelton was the son of Burt's housekeeper, and it's believed that's how Shelton learned Burt had cash and prescription medication related to illness.

    Harris said Justice got out of prison in August after serving time on a theft-related conviction.

    According to Harris, the two borrowed a gun from someone in the Pea Ridge community under the pretense of wanting to buy the weapon. Harris said that gun is the one allegedly used to shoot Burt. He said the person who supplied the gun was not charged.

    He said after the alleged killing, Justice and Shelton left the home, got gasoline and returned to set fire to the home in an apparent cover-up attempt. Harris said the two started fires in several locations inside the house, as later detected by a specially trained arson dog. The fire went out due to lack of ventilation. It did gut a portion of the house but did not destroy it completely.

    Harris said Justice and Shelton left with about $100 in cash and an unspecified quantify of prescription medications.

    A friend of Burt's discovered his body and evidence of a fire around 4:30 p.m. on Sunday and notified authorities.

    Burt's body was sent for autopsy and the results returned from the Alabama Department of Forensic Science on June 14 that showed the exact cause of death.

    Harris credited the cooperation of multiple agencies for bringing the case to a close so quickly, especially Marshall County authorities. He said they were involved from the beginning because Burt lived so close to the Marshall-DeKalb County line and authorities believed from early on that those who killed Burt might be from Marshall County.

    "At one point, we had 17 different officers conducting 17 different interviews with suspects at the same time," he said.

    http://times-journal.com/news/articl...cc4c002e0.html

  2. #2
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    The shooting death case of Jerry Neal Burt is now closed as a jury accepted a guilty plea to capital murder from the last defendant on Tuesday.

    Richard Sharp Shelton, 19, originally entered a guilty plea Nov. 29, but according to state law, his case had to be heard and his plea accepted by a jury because he was charged with capital murder. He will spend the rest of his life behind bars.

    The "mini-trial" lasted a little more than two hours with the conclusion being a guilty verdict rendered by a jury of seven women and five men.

    After opening statements by both District Attorney Mike O'Dell and Shelton's attorney Robert Ray, O'Dell called the only witness to testify, DeKalb Sheriff's Major Crimes Unit Commander Wade Hill.

    With stifled cries from Burt's family, Hill took the jury through the events of June 12, 2010, the day Shelton and co-defendant, Billy Ray Justice, went to Burt's home with the intent to rob him of money and prescription medication.

    Justice pleaded guilty to murder and arson on Thursday and received two life sentences.

    Hill said Justice borrowed a .45 caliber, semi-automatic handgun from a friend with the intent to buy it on the afternoon of June 12.

    "That evening, they were going to rob [Hispanics]," Hill said. "While they were on their way, Billy told Richard they were going to stop by Mr. Burt's home. Richard initially said he didn't want to because Mr. Burt knew him because [Shelton's] mother worked as a housekeeper for Mr. Burt."

    The two agreed they would stop and Shelton would ask to use Burt's phone.

    According to testimony, once inside, Justice grabbed Burt up from a chair and threw him to the ground, pointed the gun at him and demanded money and pills.

    "Mr. Burt told them to take the money and go, but they wanted more," Hill said. "Justice continued to make threats to Mr. Burt, but when they time came to shoot him, he couldn't bring himself to do it. Richard took the gun and said, "Well, I will."

    Hill said that's when Shelton pointed the gun at Burt and shot him in the face at point-blank range.

    At that time, Shelton and Justice combed the house and found other medications.

    "When they were leaving, Billy told Richard to ‘make sure he was dead,' at which time Shelton shot him again in the head," Hill said.

    Hill then testified the two men went to a gas station, bought $5 worth of gas and returned to the home.

    "Gas was poured in three different locations in the house," Hill said.

    In Shelton's statement, he said while Justice searched the house for money and other valuables, Shelton poured the gas, and then covered the upper portion of Burt's body with a blanket and said a prayer.

    The two lit the fires and left the home.

    "A lot of times in a homicide, the body will be covered if the person who commits the crime had a relationship with [the deceased]," Hill said. "In their mind, the fire wouldn't reach the part of his body that was covered."

    After Coroner Bruce Wilson received Burt's body and the crime scene had been processed, investigators started piecing together the puzzle.

    "Initially, Billy was the primary suspect," Hill said. "He had been named by several witnesses who saw him, and he had also just gotten out of prison for robbery and arson. Then, I received a call from Lisa Shelton, Richard's mother, and she said she needed to speak with me immediately because Richard had been with Billy the day Jerry was killed."

    Meanwhile, Shelton and Justice had returned to the friend's home where he had borrowed the gun.

    "Billy told his friend that he didn't want the gun, that it was too expensive," Hill said. "He handed the gun back to his friend, which was wrapped in a shirt with several pill bottles. After Billy and Richard left, the boy became fearful of what possibly had happened, and he took the gun and buried it in a container in his father's barn behind the house."

    Justice and Shelton eventually admitted their involvement, but initially implicated each other as the shooter.

    "Finally, Shelton came forward and said he was the one who had killed Jerry," Hill said.

    Evidence entered by the state included photographs of the crime scene, photographs of Burt's body, a bullet retrieved from Burt's body, the murder weapon and various statements by Shelton and forensics.

    According to a report by the Alabama Department of Forensic Sciences, Burt's death was a result of two, gunshot wounds and the manner of death was homicide.

    Ballistics tests also showed that the bullet that came from Burt's body was fired from the gun retrieved from Justice's friend's home.

    After the defense rested, and a recess, O'Dell delivered his closing argument.

    "There should be no doubt," O'Dell said. "[Shelton] had to have intentionally caused the death of Jerry Burt. Billy Ray Justice pleaded to murder instead of capital murder because when the time came to shoot Jerry Burt, he couldn't bring himself to kill him. Richard Shelton said, ‘If he wasn't going to do it, I was.' This is all about conscience, mercy and caring about life. It's about justice. There should be justice for the Burt family and their loved one. We are seeking justice for the brutal murder of Mr. Burt on June 12, 2010."

    The jury deliberated for about 20 minutes before returning to the courtroom to deliver the verdict.

    DeKalb County Circuit Court Judge Randall Cole sentenced Shelton to life in prison without parole. Shelton was not eligible to receive the death penalty due to his age at the time the crime was committed.

    O'Dell said the case is a tragic situation for everyone involved.

    "There have been two lives ruined by long-term imprisonment for both Billy Ray Justice and Richard Shelton, and the lost of a husband, father, grandfather, and great-grandfather in Jerry Burt. It was a difficult time preparing for these cases over the last year. The Burts' are a remarkable family and were very supportive of our efforts [in the district attorney's office.] Shelton's and Justice's pleas will go a long way to help commence the healing process for this family that's hurting so badly. My heart breaks for them. We are grateful the system has worked. I also have to commend Richard Shelton for taking responsibility for his actions. He demonstrated a rare strength of character in a difficult situation. Again, Shelton's and Justice's actions will go a long way in the healing process for the family."

    Ray said it's the end to a tragic case.

    "It's a very sad case," Ray said. "A 19-year-old man will spend the rest of his life behind bars for a few pills and $100. He feels remorse for what he did, and wanted to go ahead and plead guilty before the holidays for the sake of Mr. Burt's family."

    In a jailhouse interview following the trial, Shelton felt he got what he deserves.

    "I know I deserve life without parole," Shelton said. "I feel like justice was served today. While in prison, I hope to help others, who have the chance of getting out, and I also want to get an education."

    Shelton, who had no prior trouble with the law, said he wasn't sure what pushed him to make the decision to kill Burt that day, but he wished there was a way to undo all the pain he has caused.

    "At the time, I felt like [shooting him] was what I had to do," Shelton said. "I've lost loved ones, so I know what it feels like. For me to have caused that pain for someone else is unimaginable. I ask Mr. Burt's family for forgiveness. If I could take it all back, I would, but I can't turn back the clock. It's horrible to know the pain I've caused them."

    http://times-journal.com/news/articl...871e3ce6c.html

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