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Arkansas teens change pleas, sentenced for killing Juneau teenager

Posted: August 26, 2012 - 12:11am

Three Arkansas defendants charged with killing a 19-year-old Juneau teenager, a recent Thunder Mountain High School graduate who was visiting family and friends last summer, entered into a plea deal and were sentenced in court this week.

Two of the teenage defendants, Richard Shelby Whybark, now 18, and Timothy Tyler Norwood, 18, pleaded guilty to second-degree murder for attacking Kevin J. Thornton as he and a friend walked down a county road in Glen Rose, Ark., a small town about 45 miles southwest of Little Rock. Thornton died from his injuries a week later on July 27, 2011.

Whybark and Norwood each received a 20-year prison sentence, which was imposed by Arkansas 7th Circuit Court Judge Ed Koon Wednesday.

For the first time, the two — previously seen snickering in court, according to a local TV news report, and laughing when they learned of Thornton’s death, according to court documents that the defense tried to suppress — accepted responsibility and expressed remorse for Thornton’s death.

Whybark acknowledged he was pleading guilty because he was guilty, when asked by the judge why he was entering a guilty plea, according to the Malvern Daily Record, which has been covering the case.

For his part, Norwood remarked, “I didn’t mean for it to happen. All I can say is I’m sorry,” the Malvern Daily Record reported.

The third defendant, the youngest of the trio, Clinton Lavon Ross, 17, pleaded guilty to a reduced charge, aggravated assault, a felony. He was sentenced to five years probation, plus six years in suspended jail time, which could be imposed if he violates the conditions of his release.

“I suggest you not test the terms of probation by violating them,” Koon warned, according to the Daily Record.

Deputy Prosecuting Attorney Richard Garrett told the Empire in a phone interview Friday that Ross received a reduced charge and a lighter sentence because Ross chased Thornton’s friend down the road while the other two beat up Thornton. The friend managed to escape.

“The third one had no involvement at all with the boy who died,” Garrett said.

Garrett said the state of Arkansas only offered the three defendants a plea deal after getting approval from Thornton’s parents, who live in Juneau. Garrett said he hosted a meeting at his office for them and other people involved in the case to explain what options were available going forward, including a possible plea deal instead of going to trial.

“They understood that what we were doing would keep them from going through this a second time,” Garret said. “ ... and they agreed with us that we should offer them a 20-year plea, which we did.”

Garrett further explained offering a plea deal guaranteed a lengthy prison sentence, which could not be promised if the case had gone to trial before a jury.

“I can’t predict what would have happened if we would have taken it to trial,” he said. “I feel certain the boys would have been convicted, (but) as to what the sentence would have been, it’s impossible to say. To start with, these were both young boys — they were practically juveniles when we charged them. One of them had absolutely no record — I mean no record at all — and the other had a minor record. So when you take into the account of the youth of the perpetrators, and their lack of criminal history and that they did show some remorse about what they did, then who knows what the jury would have done? We felt, based on a range from five to 30 that they could have gave them, that 20 years was towards the upper end of that range and was probably as much or more than what we would have gotten if we tried them.”

Thornton’s mother, Darlene Thornton, spoke at Wednesday’s hearing after the pleas were entered and sentences imposed. She read aloud an impact statement she prepared, which tried to put into words her sense of loss — an impossible task, she noted.

“Kevin’s death has been devastating to our whole family,” she read. “It has hit us all emotionally and financially, some of us physically. You have taken away the life of our son: the wedding that could have been, the grandchildren that we will never hold and the brother that his sister (is) missing so strongly. Only in time will justice truly be served.”

Before Norwood and Whybark were taken into custody by Hot Spring County Sheriff’s Department after the hearing, the judge called it “a tragic day.”

“Think about the life that is no longer there,” Koon told the defendants. “He has family and they are suffering because of your actions.”

Prosecutors had called it a violent, senseless, unprovoked attack, and a motive was never established. Charging documents allege that the three teenagers, plus a then 14-year-old boy, were drinking down near a river and then were driving a white truck when they happened along Thornton and his friend walking on Traskwood Road between Glen Rose Church and Highway 67.

They stopped the truck and beat Thornton unconscious and left him in a ditch. A passerby found him and carried him to a nearby church. He died seven days later at Baptist Health Medical Center.

Charges against the 14-year-old were previously dropped since he apparently never left the truck, prosecutors said. The remaining three were charged with second-degree murder, a class ‘A’ felony.

Arkansas does have the death penalty for capital murder, which this was not, Garrett said in an interview.

“What they did would not come anywhere close to approaching that,” Garrett said.

He explained that the state would have to prove that the teenagers intended to kill Thornton to be charged with that crime.

“I don’t believe these boys had any intentions of killing anybody,” Garrett said. “It’s just — it was an unfortunate circumstance that it happened like it did. I think he was struck intentionally, and I think that because of him being struck that he suffered and died, and from that you can say that they purposefully killed him. But as far as intentionally killing him, I don’t think that ever crossed their minds.”

Koon ruled last month the three defendants should be charged as adults, given the nature of the offense. Whybark was 17, and Norwood and Ross were 16, when they were charged. The judge also ruled last month to try to cases individually instead of as a group.

Whybark was represented by defense attorney Phyllis Lemons; Norwood, Gregory Crain; and Ross, Philip Wilson.

• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.

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skatdachef
364
Points
skatdachef 08/26/12 - 04:48 pm
5
1

@NewLife

I agree, but only from the standpoint that they won't last too long at their ages, in general population, before they go up for auction. The disturbing aspect of their laughing and joking around in court, says volumes about their sorrow for the victim and their actions. Like most idiots at that age, it's all just a big joke, until they get caught and see what awaits them in the serious world of being the 'new best friend' of a lonely cellmate, with an eye for the young and stupid. Paybacks are a true B*I*T*C*H in the joint for kids like these. Peace!

skirkz
6681
Points
skirkz 08/26/12 - 06:25 pm
9
1

Wow! Hope DA Brower is taking notes!

Does the prosecution clear a plea deal with the victims in Juneau? If they did, then baby raping cops would not get off with evidence tampering. That aside, these boys are getting off light. I wonder if they get 1/3 of their sentence off for good time like they would in Alaska. Still, it's a tragic thing all around.

Ts907
64
Points
Ts907 08/27/12 - 01:38 am
11
3

YukonJack

Your comment was very rude. Using the word queer was crude and tasteless to anyone that is gay. But to call a young guy that was murdered queer, when he was hetrosexual is mean and nasty. I knew Kevin and am disgusted that some random person would so callously say such a thing. Did you not read the part about his mother reading the victim impact statement? She spoke of never being able to see her son married or to have grandchildren. It is clear you are socially inept. You are classless and clueless to have written such an offensive comment. Did it ever occur to you his loved ones might read these. I hope life teaches you to think before you speak or comment on things. How would you feel if this was about the death of someone you loved?

skatdachef
364
Points
skatdachef 08/27/12 - 03:16 am
4
4

Quick tempers!

@Ts907 I saw the use of the word you so quickly pounced on, quite differently. In the context of the sentence and the use it was intended, I believe YukonJack was merely attempting to convey the 'southern thought' of the people in question. On a different note though, I am quite confused usually, about what is politically correct with minorities and their self-proclaimed monikers, changed almost as much as I do my socks. One day 'gay' is OK, the next it's not. Like black people's use of the 'N' word, in their tete-a-tetes. The use of the word 'queer' is bantered back and forth with much humor, but let a non-believer try to make a reference to it and he's a hater and a bigot. I believe in this case, the rudeness is on your part sir, for being the quick to judge and for the same thing that the article was about...profiling far too fast and the consequences thereof. Peace!

Ts907
64
Points
Ts907 08/27/12 - 04:44 am
3
2

Why hate crime then?

I can see how you may think I jumped to conclusions about the comment. When I first read it, Immediately felt outraged. Then I read it again and proccessed each word, wasnt 100% so I asked my husband what he thought. The term hate crime is what made me go with my first reaction. Although state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a persons protected characteristics of race, religion, ethnicity, gender, sexual orientation, gender identity and disability. Well the defendants in this case where a combo of race on race. I doubt because a church was nearby it was religion. Gender, nope not that. Nor would gender indentity or disability be any other POSSIBLE reason anyone would consider this a hate crime. If he was Percieved as "queer" then that ponder the "motive" potential as hate based. It was a very small town and if it was because the two guys walking down the street were merely unfamiliar, well I doubt it. In any case I stand by my outrage. If merely for the fact of inflammatory words, so be it. I knew this young man and am offended by the comment. Not everyone is cheeky and lucky enough to be a non minority as yourself. I believe in having enough sense to not hurt people with their words in matters like these. It really is ridiculous to think I offended YukonJack and my comment was rude. I shall ask friends, minorities, non minority's, gay (its ok sir, don't be confused its ok to refer to homosexul individuals as gay) anyone that I think might have a moment to read the article. I do hope his mother don't read the comments. Such a wonderful and loving family he has. In fact it really gets me how pompous some of these people are with their Tete-a-tetes lol I really don't care for the way that word even sounds and would feel silly saying it. It is what it is I suppose.

skatdachef
364
Points
skatdachef 08/27/12 - 06:19 am
4
4

Wutdahey? @Ts907

OK! First off, I believe Yukon was making a statement on the side of the victim. The word in question was used to identify the bigoted mind of the defendants. The absence of a motive is in the end, left with more than likely a hate crime. So as a "cheeky" and "lucky" liberal who thinks the defendants should be locked away for a very long time, due to their ignorant hate and the thinking that they are justified in harming another human, I am dumbfounded by your rant. I would guess, by your over-zealous seeming need to confront, that you have been misunderstood quite often. All of the comments I see here have all been for the incarceration of and negativity toward the defendants. Yet, you find an enemy amoungst them. I'll pray for your finding the right place to vent and the right people to denigrate.

akangel
2211
Points
akangel 08/27/12 - 08:35 am
9
0

Justice for Kevin

I'm so glad that the Thornton family can now put this part behind them and move forward. Darlene, I saw a hummingbird visit our flowers this weekend ;-)
Love and miss you Kevin, we know you are watching over your family and friends!

Ts907
64
Points
Ts907 08/28/12 - 01:09 am
3
2

Oh please

It cracks me up how unaware of oneself some can be. As far as what you decided anout me, I do not lack maturity nor have I found myself misunderstood. I know I am aggressive when talking about or fighting for things I believe in. But that is what makes me good at what I do. I am not vain or pompous in any way, about the things I have learned or achieved. Im just a happy human that gets a bad taste in her mouth when I read or hear people talk like the two of you. Your use of words skatdachef were written to be demeaning. Why else would you smuggly remark about not understanding minorities. Then throw out a few words I had just used. You must pride yourself on being a non minority. I personally have never even considered myself either. I suppose technically I don't fall in a minority category. But it really is not relevant to me. I am far from a liberal. Born into a very big family of good, hardworking people. Everyone goes to college and makes their way. But I tell you what, my grandfather and father if they were here would never dream of being insensitive publicly on a article of a local teen that has lost his life. You both are full of yourselves and are unable to empathize with who matters most. The family that might read your comments. What if one of their family members read the remark like me. You know what In fact, I was irritated about skatda's laughing, correcting, wishing me peace and thinking I was sir remarks. Today at the office,at lunch I asked a few coworkers just what did they think Yukon jack was saying in his brief post. Yes all but one thought he was saying the young man was killed because they thought the boys were "queer". I'm not going to go on any further. It feels like I'm talking to the little wizard. I'm going to go read the new stuff on the site and enjoy the rest of my night. Just remember your words both said and written are powerful. I tried to give back what you gave me skatda in my own style. I attempted to let you know I felt superior to you in a passive aggressive way. I guess it's not friendly enough. You came back mad and shocked, making silly assumptions. I figured you just aren't used to being confronted or just simply one of those that can dish it out but can't take it. Lol

Ts907
64
Points
Ts907 08/28/12 - 01:24 am
1
1

I guess yukonjacks comment has been removed

I don't see it. I am not the only one that thought it was inappropriate. I looked several times. May peace and healing come now to the Thornton family. Rest in peace beautiful young Kevin. My daughter and all of your friends miss you everyday. You were very special to so many. Gone but never forgotten.

skatdachef
364
Points
skatdachef 08/28/12 - 04:14 am
4
0

Amazed and saddened Ts907

Assumptions of my non-existent laughter or that I knew your gender. I have also found absolutely nothing humorous in the least about this article or your misguided comments. You are also mistaken about not being able to take a tongue-lashing. I can and do accept that there are times when mistakes are made and readily apologize for them. In this case, my original statement and my attempts to clarify a mis-read or mis-understood comment, has fallen on deaf ears and what has transpired is quite disturbing. But, then again, it seems that from one who claims to not be vain or pompous, just superior, I can see all attempts at an agreed upon middle ground will be fruitless. So, as was my original aim, my wish is that the family of the deceased finds calm and some form of peace from this tragic event. The boys that perpetrated this get the incarceration deserved and that some understanding of why is found. Peace!

exjnuite
0
Points
exjnuite 08/28/12 - 06:28 am
0
1

After reading the exchange of

After reading the exchange of comments above, the irony is that on Mr. Thornton's facebook page (yes, I occasionally check to put faces to names), he posted a picture of 2 baseball players in a peculiar position and stated, The Yankees are a bunch O' queers. I am sure he did not mean that as it may appear on the surface but his immature youth was expressing itself.
That said, the 3 who are guilty of this heinous, unnecessary and unprovoked crime should never see the light of day, ever again.
I wish to express my condolences to the Thornton family who lost what seems to be a wonderful, energetic and happy soul way before his time. May you find peace and tranquility in knowing that complete strangers pray for you and for your healing and wish you the very best under these circumstances that no parents should have to endure. God bless.

exjnuite
0
Points
exjnuite 08/28/12 - 06:55 am
0
1

To clarify my comment above,

To clarify my comment above, I do not care for the use of that word in any context, similar my feelings of the careless use of the word retarded. However, it is used in different contexts and is not always meant as an inflammatory gesture. I try to be understanding and tolerant of the use of such words and determine the meaning, not to be quickly offended. I understood YukonJack's intent the first time I read his post. I also understand and appreciate skatdechef's defense of the post. TS907, I love your passion and knowledge and the force by which you express yourself on this topic and many others you weigh in on. I just think this time, because this situation is so personally close to you, you jumped to the wrong conclusion as to where YukonJack was coming from.
Again, my thoughts and prayers go out to the Thornton family and all of Kevin's friends and relatives.

wolfmagic2012
2658
Points
wolfmagic2012 08/28/12 - 10:50 am
1
0

Oh, the moronic

lows of some bloggers... Condolences to the family for such a tragic loss.

Ak_Mom
1042
Points
Ak_Mom 08/28/12 - 01:56 pm
0
0

Disappointed in JE

Anyone who had FB or even google knew about this within hrs of the judgement. But it took JE 4/5 days to update us?

We get news about a guy who eats a joint faster!

Very sad our local paper is so lacking on local news and updates, We can count on ADN, KTOO, KINY and even Facebook to keep us more informed than JE.

Grateful this is over for the family and grateful for his mom who kept the friends here informed every step of the way. It really helped my daughter.

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