WASHINGTON COUNTY : Motion to exclude death penalty denied
Posted on Saturday, March 29, 2008
FAYETTEVILLE — A circuit judge on Friday dismissed motions seeking to eliminate the death penalty as a potential punishment for Gregory Christopher Decay.
Decay faces two counts of capital murder in the slaying of Kevin Barkley Jones and Kendall Rachell Rice. The two were found dead in their Fayetteville apartment April 3.
Deputy public defender Julie Tolleson sought to bar the state from seeking the death penalty, in part because the state waited 10 months to file its intent to seek it. The late filing puts the defense in the position of having to choose between the constitutional right to a speedy trial or adequate preparation, she said.
Washington County Prosecuting Attorney John Threet said the death penalty has been discussed with public defender Denny Hyslip at least since Aug. 27.
Threet said an offer was made to resolve the capital murder case before a jury trial. He said he made it clear that if there were no deal, he would seek the death penalty.
Circuit Judge William Storey denied Tolleson’s motion on the death penalty, but said he’d consider giving her more time to prepare her case.
Flanked by his attorneys, Decay sat calmly through the hearing wearing rolled-up khaki pants and an oversized blue dress shirt.
The father of the man he is accused of killing in a drug dispute sat a dozen steps behind him. Robbie Jones sat quietly through the proceedings, his gaze often fixed on Decay.
During a break in the hearing, Jones stood stiffly behind the wooden rail that separates the courtroom. A deputy asked him to step away.
Tolleson also sought to block the use of a photograph found by police in Decay’s apartment. The photo, which was not shown to courtroom observers, was described as being of Decay holding a 9 mm gun called a “street sweeper.” Jason French, a Fayetteville police detective, testified that Decay had claimed the weapon was among items stolen from his apartment.
During an initial interview, Decay claimed the weapon and a. 40-caliber handgun were stolen from his apartment. Decay told investigators he’d gone to the couple’s apartment to inquire about his stolen property.
An informant told police Decay shot the two with a. 40-caliber handgun, court records show.
The weapon was described as a 9 mm with a pistol grip, similar to an assault rifle. After the hearing, police would not offer a better description of the weapon.
Storey admitted the photograph as evidence but said he would think about whether the weapon could be referred to as a “street sweeper.” Storey also gave a deadline of Friday to file a list of witnesses expected to be called by both sides.
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