Nevada County Picayune and Gurdon Times Newspaper Archive

Barton confesses, gets life plus 20

Kevin Barton confessed to the 2004 murder of James H. Booger Cummings in Nevada County Circuit Court on Sept. 22. In graphic detail, Barton told the events leading up to and following the murder, and then addressed the Cummings family and his own family who were in attendance in the courtroom.

The Sept. 22 date had been set aside for Nevada County Circuit Judge Duncan Culpepper to rule on at least two motions and to handle last-minute details before the commencement of the trial against Barton. Proceedings were delayed by almost an hour as attorneys went between the Cummings family and Bartons attorney. At 2 p.m., after a brief consultation with Barton, the defense attorneys returned to the courtroom.

Culpepper questioned Barton on the details of the charges. Barton said he understood that he would be giving up his right to appeals, to a trial and that he understood he could be sentenced to life in prison for the first degree murder charge. When Culpepper asked Barton what his new plea was in the murder of Cummings, Barton replied, Guilty, sir.

Culpepper asked Barton to describe the events of that July night.

Barton said a man had provided information that the group were likely to find money at Cummings home, and that the four had gone to the house with the intention of robbery.

He was telling us who it is, Barton said. That he had a lot of money and all that.

He said both he and Robert Williams had guns, and that Kendrick Williams had a roll of tape.

Tekelia Williams dropped off the three men who entered the house through an unlocked back door, Barton said.

It was dark in there and we couldnt see where we was going, he said. He described where Cummings room lay in the house, and said they felt their way to that part of the house. He said a lamp on in that room provided some lighting, so that the three could see Cummings on the bed.

Barton said he went to one side of the bed and that Williams was on the other side. He said he hit Cummings with a pistol twice, and that Cummings appeared to be really delirious at that point.

He finally snapped to the idea of what was going on, Barton said, adding that Cummings grabbed for Bartons gun.

Thats when Robert Williams shot him in the back and he laid back down, Barton said.

Barton said there was a dog under the bed, and that he fired several rounds trying to quiet the animal. Under questioning later from Nevada County Prosecuting Attorney Randy Wright, Barton said there were several additional shots fired in the house as the men broke locks.

Barton said that Williams remained in Cummings room while he and his brother, Kendrick, left the room and ransacked another room in the house.

We decided we got what we came for, Barton said. It never was out intention for it to happen that way. I must say that. It went bad.

Barton said he returned to Cummings room before leaving the house, and that what they came for was money.

We took some moeny, Barton said. We took some coins. Thats about it. Before we left, I shot Mr. Cummings in the chest.

Under questioning from Culpepper, Barton said he didnt know why hed fired that final shot.

After only a moment or two of additional deliberation, Culpepper said, Im going to accept your plea of guilty at this time. He then asked Barton if there was anything hed like to say before being sentenced.

Barton said he had a message for both the Cummings family and for his own. To the Cummings, Barton said, Im sorry for your loss. I hope you accept my apology. If you dont, I understand, but that apology comes directly from my heart.

Three members of Bartons family were seated in the courtroom and Barton said, Its been a long time coming, but this is not the end of the road.

Robert Bob Cummings spoke for the family.

The Supreme Court had ruled on a previous motion in the case that Barton could not be executed, a fact that Bob Cummings said was unfair.

I dont accept his apology. He took something from us that was dear.

Bob Cummings referred to his fathers murder as a cowardly act, and said he believed the death penalty was justified in Bartons case.

Bob Cummings talked about his fathers career in the military, saying, He walked with General Patton. He also cited a lengthy career with the Arkansas Game and Fish Commission and a love of the outdoors.

When Bob Cummings had finished, Culpepper turned to Barton.

Mr. Barton, I dont know whether you have remorse for yourself or for the James H. Booger Cummings family, or for him, but Ive accepted your plea of guilty.

Culpepper said the crime makes no sense to me.

The manner in which it was done resembles an execution, Culpepper said. I cant sentence you to execution, but I can sentence you to life in prison.

Culpepper added 20 years to the sentence for the residential robbery charge.

Following the sentencing, Wright said the plea agreement was a good move, saving lengthy trials and appeals. He cited the strength of the family in dealing with difficult decisions and the outstanding performance of law enforcement in resolving the case.

Three additional defendants are charged in connection with the murder and Wright said he isnt sure when trial dates are expected.

The four are also charged in connection with the shooting death of an Arkadelphia woman just days after the Cummings murder. Those charges are still pending.