Nevada County Picayune and Gurdon Times Newspaper Archive

Craig Can Be Retried For First Degree Murder

While Toby Craig will be getting a new trial, there exists the possibility he will be retried for first degree murder.

Eighth Judicial District North Prosecuting Attorney Randy Wright, said Craig's attorney Chuck Honey was wrong in saying it would be double jeopardy to try Craig twice for this crime.

The Appellate Court, he said, reversed the conviction and remanded Craig for a new trial, but didn't dismiss the first degree murder charges.

Wright said the Arkansas Court of Appeals overturned the conviction because of the language used in the initial charge, which was for purposeful first degree murder.

"How we try Craig again is up to us," Wright said. "It won't be double jeopardy. We just can't use the beating as the reason the murder was committed."

This is where the problem began in the case. Craig, Johnny Cason and Keith Buchheit were charged in the beating death of Jake McKinnon on Nov. 9, 1996.

Eighth Judicial District Judge Philip Purifoy, who heard the case, ruled the assault was the underlying felony for the first degree murder charge, while Honey argued it couldn't be.

Honey's argument was a murder can't be committed without an assault occurring. "Personal assault can't be the underlying felony in capital murder charges," he said. "It's part of the crime."

According to Honey, the state has no basis for continuing to hold his client in the Department of Corrections at this time, saying Craig should be returned to Nevada County.

This, though, has yet to transpire and Craig remains incarcerated in Cummings Prison.

When the Appellate Court heard the case, four of the justices signed the order of reversal, with two concurring with their findings but not signing the order. Two other justices dissented.

The majority opinion was written by Judge Wendell Griffin, who was born in Prescott, but raised in the Delight-Okolona area.

According to court records, McKinnon was beaten to death on Nov. 9, 1996, with Craig, Cason and Buchheit being charged with the murder.

Cason, the last of the three to be tried, received the lightest sentence, as he was convicted of manslaughter. Cason, because of good time, has already been released and is currently living in the Dallas, Texas area.

Buchheit, though, could wind up serving more time in prison than the other two. He entered an arranged plea agreement for 40 years.

Those convicted of violent crimes in Arkansas must, by law, serve at least 70 percent of their sentence, which means Buchheit would spend 28 years in jail.

Buchheit did appeal this agreement saying his attorney at the time didn't tell him about the 70 percent rule.

The appeal was denied, but he could try again in light of the court's decision with the Craig case.

Records show Shane Henry, who was visiting the area for the first time, was hunting with McKinnon in the Howard Creek Low Water Bridge Road area of the county.

According to Henry's testimony, a small, dark pickup with three men came by his hunting stand asking where McKinnon was.

Not knowing who they were or what they wanted, Henry told them and they left.

A little later, McKinnon drove up and told Henry he'd been hurt. Shortly thereafter, the three also returned to the scene.

McKinnon got out of his truck and was accosted by Craig and Buchheit, while Cason prevented Henry from helping McKinnon.

Cason did let Henry go, telling him to leave the scene. Henry walked toward the deer camp and was given a ride by another hunter. When he got to camp, he told the others what had happened.

Ed Grice and Keith Massey went looking for McKinnon, finding him lying face down in some water. They attempted to revive him with CPR, but quit when blood came out of his mouth.

The two went for medical help, but McKinnon was pronounced dead at the scene.

Craig was heard bragging about giving McKinnon a beating at an area convenience store later that night.

Craig, Buchheit and Cason were subsequently arrested and charged with first degree murder.

The week long trial of Craig ended with him being convicted of first degree murder and given a 40 year sentence.

No date has been set for a new trial in Craig's case as of yet. But, as Wright said, he will again be tried for first degree murder in the beating death of Jake McKinnon.