State seeks death penalty for second double homicide suspect
The state is seeking the death penalty against another suspect charged in connection with a Florence County double homicide case.
Montez Myhell Barker, 25, of 1620 Pine St. Ext., Florence, is charged with two counts of first-degree murder and resisting arrest in the shooting deaths of 32-year-old Talya Poston and 26-year-old Billy L. Hall whose bodies were found Sept. 1, 2009.
Barker, who is accused of setting Poston’s vehicle on fire in attempt to conceal the crime, also is charged with third-degree arson. Although the judge set a $25,000 surety bond for Barker on Sept. 30, he has remained incarcerated because of the two counts of murder he faces.
Soon after the deaths, deputies found Poston’s green Ford Explorer parked off of First Street in east Florence and burned nearly down to its frame. Investigators said Barker set Poston’s vehicle on fire after she and Hall were slain and left on Isaiah Street, a dirt road just off Flowers Road near Pamplico Highway.
Twelfth Circuit Solicitor Ed Clements III told Circuit Court Judge Thomas A. Russo on Monday there are three aggravating circumstances that allow them to seek the death penalty:
The two murders were committed by Barker as an agent of another person, 26-year-old Fonnelze Delaine.
The state alleges the murders were murders of two people committed in one act.
The two murders were of a witness for the purpose of deterring prosecution of a crime.
“In the appropriate cases, that’s the appropriate sentence and that is the appropriate approach and that is what I believe is the right thing to do in this case,” Clements said Monday. “They were two people killed pursuant to a common scheme or plan. Also they were killed because the person doing the killing was the agent of another person, so it was like a contract.”
Prosecutors also are seeking the death penalty against Delaine of 2045 Belhaven Drive, Darlington, in the case. Delaine initially was charged with being an accessory before the fact of a murder, according to Florence County Sheriff’s Office reports. He’d pleaded not guilty earlier to the that charge.
Clements said investigators believe Delaine employed Barker and 27-year-old Laross Antonio Graham, of 3020 Dawn St., Florence, to shoot Poston and Hall to death. The solicitor said he will make a motion to indict Delaine for murder.
Graham is charged with two counts of first-degree murder and will be a witness for the state, Clements said.
Clements asked 12th Circuit Court Judge Michael Nettles to deny bond for Delaine on March 5 not only because he’s a flight risk, but also because he was wearing a Global Positioning System monitor when the slayings were committed, which helped investigators break the case. Delaine was out on bond on drug distribution charges when the slayings happened.
Nettles denied bond for Delaine’s release. Delaine will get two death penalty-certified lawyers and unlimited access to investigators to prepare for his trial.
Delaine was arrested the night of Sept. 16 off Hoffmeyer Road, near the Florence-Darlington County line, by Florence and Darlington county sheriff’s deputies, SLED agents and U.S. Marshals.
During the search for Delaine, deputies confiscated drugs, drug paraphernalia and made two drug-related arrests that aren’t linked to the deaths.
On Nov. 13, Delaine was served with three additional arrest warrants for drug charges prompted by information uncovered during the investigation.
Graham was arrested near Pine Street in Florence after deputies, acting on tips, had been searching the area for him the afternoon of Sept. 11, 2009. Barker was arrested that same night near Gaillard and Kershaw streets in Florence.
Both Barker and Graham have criminal records, according to State Law Enforcement Division reports.
Clements said Poston and Hall were witnesses in a drug case being brought against Delaine before they were killed.
“The death penalty is not something that should be taken flippantly and the death penalty should be used very judiciously and it takes a lot of resources,” the solicitor said. “Contrary to public opinion, it’s actually more expensive to the state to put someone to death than it is to house them in prison for the rest of their life.”
Clements said the state intended to try Delaine and Barker together, though there is a possibility that a request could be made to sever the cases. They could stand trial as early as October 2011.
http://www2.scnow.com/news/2010/sep/20/10/state-seeks-death-penalty-against-man-2009-double--ar-854384/
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