By Heather Harris
Register News Writer
August 16, 2008 09:58 pm
—
A London man accused of murder in Madison County may finally be tried in court for crimes which allegedly happened more than two years ago.
Douglas Wayne Hall II, 29, of London, is charged with complicity to commit murder, criminal attempt to commit murder and first-degree robbery in the death of Margaret Faye Jackson, 56, of Big Hill, and attempted murder of Mitchell Turner, 37. A status hearing Tuesday in Madison Circuit Court set the murder trial to begin Oct. 6.
Senior Circuit Judge Gary Payne set the date, which may finally start the final stage of a long drawn out legal process.
“We filed a motion to preclude them from seeking the death penalty based upon the plea agreement with the guy who actually did the killing,” said Tucker Richardson, attorney for Hall. “They (Madison commonwealth’s attorneys) gave Tony Hodge a life sentence and now they want to seek the death penalty on Doug Hall. It just doesn’t seem proper.”
Hodge, 27, pleaded guilty in September 2007 to shooting and stabbing Jackson and Turner multiple times at Jackson’s home in late January 2006. Turner, who was left for dead, survived his injuries.
Jackson was pronounced dead at the scene by the Madison County Coroner’s Office, while Turner was taken via ambulance to St. Joseph Berea Hospital and later to the University of Kentucky Medical Center in Lexington.
At the time of the incident, Kentucky State Police Trooper Chris Lanham said Hodge and Hall kicked in the front door of Jackson’s trailer and after killing Jackson and injuring Turner, looted the home. An undetermined amount of cash allegedly was stolen along with a rifle.
In October, Hodge accepted a life sentence for Jackson’s murder and 20-year sentences for Mitchell’s attempted murder, first-degree robbery and first-degree burglary.
“We want to proceed as a non-capital case,” Richardson said. “The facts bear out the fact that my client sat in the car and Tony Hodge, when they took him up in front of the judge to do the guilty plea, he said, ‘I just went in there and went crazy.’ I don’t think it is fair to subject Doug to the death penalty when his co-defendant, the guy who admittedly did the shooting, got a life sentence.”
Hodge also received an additional 40-year prison sentence earlier this year in Laurel County for the murder of Matthew R. Smith. By Kentucky law, the two murder sentences are running concurrently.
Hall’s case has been dragging through court since the pair were arrested in May 2006. Richardson said earlier this year the reason has been because of recusals and decisions about Hodge’s case.
“They couldn’t try them together and they elected to try Hodge first,” Richardson said. “And lo and behold, they (prosecutors) turned around and gave him a deal. Hall had a trial date and we were waiting for them to get done with (Hodge’s) trial and they ended up doing that. We were waiting to put it on for a status hearing and the prosecutor (Madison Commonwealth’s Attorney David Smith) recused.”
Hall’s first attorney, Earl-Ray Neal, also had to recuse himself from the case after being elected district judge.
Hall is lodged in the Madison County Detention Center on a $250,000 bond.
Heather Harris can be reached at hharris@richmondregister.com or by phone at 624-6694 or 893-2341.
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