Jury recommends death penalty for Michael Bargo
He will be sentenced at a later date for the murder of Seath Jackson
By Austin L. Miller
Ocala News
A jury on Tuesday unanimously recommended Michael Shane Bargo be put to death for the murder of Seath Jackson.
At 5:05 p.m., nearly five hours after they began their deliberation, the seven women and five men let bailiffs know they had reached a decision.
After instructing those inside the courtroom — family members of both Bargo and Seath — to be respectful of the jury’s decision, Circuit Judge Anthony Tatti called for the jurors at 5:15 p.m. Three minutes later, the recommendation was read aloud. Bargo’s head was bowed.
At 5:24 p.m., when the clerk finished reading, Bargo, wearing a dress shirt and pants, wanted the judge to skip what’s called a Spencer hearing, which is when lawyers for the defense and prosecution argue their positions on sentencing. Bargo said there was no point in continuing this, and he wanted his statement to be placed on the record.
Tatti cautioned him to take his time and talk to his lawyers. He also said he has to follow the law, and the Spencer hearing cannot happen right away.
Candance Hawthorne, one of Bargo’s lawyers, said they will look to set a date for the next hearing. Court concluded at 5:27 p.m., with a request for Bargo to be returned to state prison granted.
Before leaving the courtroom, Bargo, who flashed a smile, hugged and talked briefly to his defense team, which includes Brenda Smith, another attorney.
“This is part of the process. We move forward with Micheal’s best interest, legal planning and strategy,” Hawthorne told the Star-Banner.
Both Seath’s mother, who was a fixture at the hearing, and Bargo’s father, Michael Sr., declined comment. Prosecutors Amy Berndt and Robin Arnold also declined comment.
After hearing the defense and prosecutors present their final arguments, the 12-member jury left the courtroom at 12:22 p.m. Tuesday to eat lunch and begin deliberations. But they were only making a recommendation on a sentence; Bargo’s conviction in the killing wasn’t at issue.
Tatti gave the jury members instructions before they left the room.
Court began at 8:35 a.m. Tuesday with Berndt, Arnold, Hawthorn, Smith and Tatti, hammering out the details of the jury instructions. That process finished at 10:38 a.m. Approximately three minutes later, Berndt delivered her closing argument.
For roughly 46 minutes, Berndt forcefully hammered home the state’s reasons why it believes Bargo, who took an active part in his defense, should be put to death for the murder of 15-year-old Seath.
In April 2011, prosecutors say, Bargo — along with co-defendants Amber Wright, Kyle Hooper, Charlie Ely and Justin Soto — lured Seath to a Summerfield home where they beat, shot and tortured him, then burned his body. His remains were placed into paint buckets and dropped into a water-filled quarry. Authorities say Bargo was the ringleader. He was convicted in August 2013 and sentenced to death row.
The Florida Supreme Court in 2017 granted Bargo resentencing because the jury recommendation for death was 10-2. The jury vote for death now must be unanimous; otherwise, like his co-defendants, Bargo will be sentenced to life in prison. He was 18 at the time of the murder. He is now 26. His resentencing trial started last week.
In her argument to the jury, Berndt, with the aid of a large-screen television, showed jurors a picture of the victim. She called the killing of the teenager “well thought out and organized” by Bargo. She said that despite his age at the time, Bargo had the presence of mind to flee the area after the crime and burn his cellphone to conceal his whereabouts. She said he knew what he did was wrong.
Berndt said even though Bargo experienced attention deficit disorder (ADD) and attention-deficit/hyperactivity disorder (ADHD), and his parents endured a bitter divorce, Bargo had help. She talked about the psychologists and others who offered their time to be there for him.
As Berndt talked about the pain and anguish Seath must have been undergoing when he died, the victim’s mother held her head down and cried.
Berndt said that when Bargo’s father came to visit his son while Seath’s body burned in a pit, the elder Bargo said his son was normal.
The elder Bargo, who was in the courtroom, shook his head no.
“What kind of mental pain was Seath in?” Berndt asked.
Berndt talked about text messages sent between Seath and Amber Wright. She said Bargo played a role in making sure Seath showed up at the home.
Berndt ended by telling the jurors that “justice in this case is the sentence of death for Michael Bargo.”
Smith, closing for the defense, focused on Bargo’s age at the time of the crime. She said his brain was not developed. She said the people who participated in the crime were “children.” As such, she said, Bargo should not be put to death.
Smith said her client did not ask for the mental illness he suffered and argued it was not “something he could control.”
As for Bargo being the ringleader, Smith said, the only way anyone knows that is because of Kyle Hooper’s testimony. She said Hooper had an “ax to grind.”
Smith said Bargo’s childhood was not normal, despite what Berndt said. All of his problems — mental illnesses, his parents’ bad divorce and other turmoil — affected him.
Though she admitted Seath’s death was horrible, she said it did not rise to the level of Bargo being put to death.
“He will die in prison” if sentenced to life without parole, Smith said.
https://www.ocala.com/news/20190409/...-michael-bargo
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