Nevada County Picayune and Gurdon Times Newspaper Archive

Murder Trial Begins In McKinnon Death

It took all morning Monday, Aug. 11, to seat a jury for the Toby Craig murder trial.

Once the jury was empaneled, however, one of the alternates decided they didn't want to serve and left the courtroom.

This resulted in a delay of about an hour before the trial could actually begin. Eighth Judicial District Judge Philip Purifoy, Eighth Judicial District Prosecuting Attorney Brent Haltom and his assistant Danny Rodgers, along with defense attorney Chuck Honey went over the list of prospective jurors to replace the missing panelist.

When all was said and done a jury of eight women, four men and two alternates, one male, one female, was officially sworn in for Craig's murder trial.

Craig is being tried for the beating death of Jake McKinnon, an employee of the Union Pacific Railroad at Gurdon, on Nov. 9, 1996. The beating occurred on leased timber company property in the Suckles Lake area.

Rodgers gave the state's opening statement, saying three individuals are charged with the crime of first degree murder in this case, but all three are being tried separately. Johnny Wayne Cason and Keith A. Buchheit are also charged with McKinnon's murder.

The barrister informed the jury first degree murder could be committed if the person involved is in the act of committing a felony, such as battery first degree, battery second degree or aggravated assault. It is the state's responsibility, he said, to prove this is what happened in this case.

He told the panel this is an important case because one man is dead and one is on trial for his life. Rodgers urged the jury to listen to the evidence carefully before coming to a conclusion at the end of the case.

The jury was told how McKinnon took Shane Henry to his deer stand on the leased property and how Craig, Buchheit and Cason searched McKinnon out, with Craig striking him in the face.

Rodgers told how the trio found McKinnon a second time, this time when he was with Henry, and how they held Henry at gunpoint while beating McKinnon.

Henry, he said, was released and fled back to the deer camp where he told the other hunters of McKinnon's plight.

According to Rodgers, Craig, Buchheit and Cason went to a local business bragging about what they had done, then went to a friend's home where they continued to brag about their deed.

"McKinnon died as the result of a massive, severe prolonged beating," Rodgers said. "The primary aggressor was Toby Craig. He is guilty of first degree murder as charged and we will prove this beyond a reasonable doubt."

Honey, in his opening statement, disagreed with the state, saying his client had been grossly overcharged in the case. He said there could have been several other charges filed against Craig instead of first degree murder.

He reminded the panel the state must prove McKinnon was killed while Craig was in the act of committing a felony, or was committed to the intent of killing McKinnon.

Honey told the jury Craig could have been charged with second degree murder or manslaughter, as both fit the facts of the case better than first degree murder.

"This case will unfold on the witness stand," he said, comparing it to a television crime drama. "You will find McKinnon was a gregarious fellow with a drinking problem."

Honey put McKinnon on trial saying when he drank he became obnoxious and had been "popping off" to Craig and his father, Gerald Craig, all week before the murder saying he was going to kill them.

In fact, one of the cornerstones of Honey's defense is putting McKinnon's character, specifically his drinking, on trial.

He said Craig, Cason and Buchheit went to the deer camp to talk with McKinnon, when McKinnon got obnoxious and Craig hit him in the face and left.

"The break in this case," Honey said, "came when McKinnon drove up the road, stopped, got out with his rifle, threatened them and a fight broke out.

"Common sense tells you this is a fist fight that went too far. You might find nothing more than guys who felt threatened and defended themselves."

Honey said the state has no witnesses to the incident itself because the one who was there (Shane Henry) left.

He reminded the jury it could find Craig guilty of nothing, "certainly not first degree murder."

Both sides promised to move the case along as quickly as possible. A week was set aside for Craig's trial, with the anticipation of the jury reaching a decision by Friday, once it gets to that point.