Nevada County Picayune and Gurdon Times Newspaper Archive

Craig Pleads Guilty To Murder; Receives 15 Years

Toby Craig pled guilty to a charge of first degree murder and was sentenced to 15 years in the Arkansas Department of Corrections.

Craig, one of three who beat Jake McKinnon to death the first day of deer season in Nov. 9, 1996, had been found guilty of first degree murder in his 1997 trial, and sentenced to 40 years in prison.

However, because of a judicial error in the case, Craig was given the chance to have a new trial.

The mistake, according to Chuck Honey, Craig's attorney, was 8th Judicial District Circuit Judge Philip Purifoy ruled the assault was the underlying felony for the murder.

The charge of capitol felony murder, or first degree murder as it's also called, requires the murder to be committed in the process of another crime.

The Arkansas Court of Appeals reversed the 1998 conviction and remanded Craig for a new trial.

However, Wednesday, Aug. 23, Craig, with his attorney present, entered a plea of guilty to first degree murder under a plea agreement. McKinnon's family, also present at the hearing, agreed to the terms of the agreement.

Jim Gunter, 8th Judicial District Circuit Judge, told Craig he had been charged with first degree murder, a class Y felony with a punishment of 10 to 40 years in prison or life.

"The court knows this is a longstanding matter," Honey said, "and there's no question the state will be able to prove Craig and two others caused the death of Jake McKinnon.

"The court is aware we have consistently pled no guilty to first degree murder, because we're not sure it was. This should be considered an Adams plea, and enter a plea of guilty under these circumstances."

Craig then pled guilty, telling Gunter he understood the charges, possible sentence and his rights.

Gunter asked if Craig had gone over this with his attorney and discussed everything involved, including the evidence, witnesses, nature and gravity of the charge, before considering the plea agreement.

"Yes, sir," was Craig's reply.

Honey said he thought the state could prove first degree murder, and the court is aware the case had been tried already, with the files supporting the charges.

Randy Wright, 8th Judicial District North Prosecuting Attorney, recommended a 15 year sentence in the ADC, with the McKinnon family agreeing.

Honey wanted this done with Craig getting credit for time served. This, too, was approved by all involved.

Gunter found Craig guilty of first degree murder, gave him 15 years in the ADC and credit for time served, along with court costs to be paid.

With this being a first degree murder charge, Joe Graham, deputy prosecuting attorney, said, the 70 percent rule applies.

This mean Craig must serve 10.5 years of his sentence, but will be eligible for parole in 7.5 years, and because of the time already served he could be out in 4.5 years.

Keith Buchheit, one of the three suspects, entered a plea of guilty instead of going to trial, and was sentenced to 40 years. Under the 70 percent rule, he must serve 28 years.

Johnny Cason, the last of the three to go to court in the case, received the lightest sentence of all, as he was found guilty of manslaughter and spent two years in prison.

Buchheit appealed his plea agreement saying his attorney didn't tell him about the 70 percent rule. The appeal was denied.