Nevada County Picayune and Gurdon Times Newspaper Archive

Jury Seated In Cason Trial

Jury selection began in the first degree murder trial of Johnny Wayne Cason, 27.

Cason, formerly of Arkadelphia, was one of three men charged in the Nov. 9, 1996, beating death of Jake McKinnon.

A panel of nine women and three men, with two alternates was chosen Monday morning. These men and women will decide the fate of Cason.

First degree murder is a class Y felony. This carries a possible sentence of no less than 10 years nor more than 40 or life in the Arkansas Department of Corrections.

The trial is scheduled for the remainder of the week.

Eighth Judicial Judge Phillip Purifoy told the prospective panel of the charge against Cason, explaining what it was, as the morning began.

Brent Haltom, 8th Judicial District Prosecuting Attorney, began the proceedings with the state's portion of voir dire.

Haltom explained there were three suspects in the case, with each tried individually, even though all three were involved.

Cason, he said, has been charged as an accomplice to first degree murder. "He's being tried for his actions on Nov. 9, 1996," Haltom told the jury pool filling the Nevada County Courthouse.

He went on to tell the pool it is the state's responsibility to prove beyond a reasonable doubt Cason was involved with the beating death of Jake McKinnon. "He was involved all the way through," he said.

Throughout the morning, the state, defense and Judge Purifoy worked with the jury pool to make sure the panel seated for the trial would be able to give Cason a fair and impartial hearing in the matter at hand.

The prospective jurors were asked if they were related to, or knew anyone involved in the case, and whether or not they could set their feelings aside and be fair with their decision, basing the outcome on the testimony heard and evidence presented.

They were also questioned as to what they may have seen, heard or read about the case, and if they could set this information aside during the trial, concentrating solely on testimony and evidence presented.

Haltom said the case has gotten a lot of publicity, but this can't interfere with Cason getting a fair trial.

Once Haltom was finished with the state's voir dire, Cason's attorney, John Pickett, with the Texarkana firm of Pickett and Young, offered voir dire for the defense.

Pickett told the courtroom full of people a little about himself and Cason. He said Cason had been born and raised in Nevada County and his family still lives here.

He talked of Cason being a good high school baseball player at Prescott High School and turning down a baseball scholarship to Arkansas State University, instead accepting an academic scholarship from Henderson State University in Arkadelphia, but leaving after two years and returning home.

Pickett worked to present his client as an upstanding young man and not a murder suspect.

He reminded the pool the jury seated has the most important job of all during the trial.

A fair and impartial jury, he said, is needed to hear the evidence and render its verdict based on what was presented in court during the trial.

"This case," Pickett said, "is about whether Cason is an accomplice or just in the wrong place with the wrong people."

He reminded the pool of the lesser charges the seated jury would be told about and could also consider at the end of the trial.

Once Pickett was finished, potential jurors saw their names picked from a "Bingo-type" wheel. Purifoy began by calling 12 names to be questioned by both sides.

In all, 25 were called before the two sides settled on 12 jurors, with four more called to select the two alternates.

The jury, with three men and nine women, will also have one black male on the regular panel and another as the second alternate. There is also one black woman on the jury. The rest of the jury is Caucasian.

On March 4, the state and defense met with members of families for Cason and McKinnon to try and work out a negotiated plea agreement.

At the time, Cason was offered a deal where he would be sentenced to 20 years in the Arkansas Department of Correction, with 10 suspended. With Arkansas' 70 percent rule, this means he would have served at least seven years before becoming eligible for parole or other type of early release.

This offer was turned down because, reportedly, Cason didn't want to be charged with first degree murder, saying his part in McKinnon's death wasn't as severe as was the other two involved.

Toby Craig was the first of the trio to be tried. He was found guilty and sentenced to 40 years in the ADC.

Keith Buchheit's attorney at the time, Craig Henry, negotiated a plea agreement of 32.5 years, and Buchheit never went to trial.

However, on March 4, Buchheit and his new attorney, Jeff Rosenzweig, filed for relief from the agreement saying Henry provided ineffective counsel.

But, Purifoy decided, in a written response, Buchheit's former counsel was not ineffective and refused to overturn the agreement. This case is being appealed to the Arkansas Supreme Court.

From court records and the Craig trial, McKinnon was killed because of a dispute over leased hunting rights.