Nevada County Picayune and Gurdon Times Newspaper Archive

Murder Trial Is Set To Begin Monday

A pre-trial hearing was scheduled Wednesday, May 7, for Toby Craig, but didn't happen.

Craig, one of three men charged in the beating death of Jakie McKinnon on Nov. 9, 1996, had the pre-trial hearing scheduled, but because there was nothing for the court to hear or decide, 8th Judicial District Circuit/Chancery Judge Philip Purifoy said the hearing wasn't necessary and advised the attorneys on both sides to be ready for trial on May 19.

A motion to suppress a statement Craig allegedly made to authorities at the time of his arrest was handled in chambers.

Craig, along with Keith Buchheit, 24, of New Boston, Texas, and Johnny Cason, 26, of Arkadelphia, were all charged with first degree murder in the beating death of McKinnon.

In a related matter, Buchheit asked the court to allow him to substitute attorneys. This was because Paul Dickerson, who had been his lawyer in the matter, got arrested earlier this month on drug-related charges and is no longer allowed to practice law in Arkansas.

The court allowed the defendant to change barristers, with Craig Henry of Texarkana his new attorney.

In addition, the court granted a motion to sever the three trials. This was a bit unusual as the trio had separate trials slated to begin with.

Buchheit's trial is scheduled to be the third and final one in the case, with his pre-trial hearing set for Aug. 5 and trial slated for Aug. 12.

Cason has a pre-trial date of June 3, and is expected to go to trial on June 16.

According to records, the situation apparently occurred because of a dispute over deer hunting rights.

Craig was allegedly unable to pay his annual club dues and was told by McKinnon to remove his deer stand from the leased hunting property prior to the season's opening.

But this wasn't the only problem between McKinnon and Craig. According to records, McKinnon claimed Craig "snitched" on him for hunting out of season and causing him to get a ticket.

The situation between the two escalated, with McKinnon reportedly telling others he would get whoever turned him in to the Arkansas Game and Fish Commission, and sending Craig's father a note telling him he (McKinnon) didn't want them (the Craigs) in his bottoms.

According to Craig's statement, on the day of the murder, he, Cason and Buchheit had gone to buy beer, then went by Craig's uncle's and father's homes.

Then, the three went "riding around" and Craig, according to the statement, decided to find McKinnon and set everything straight.

They met McKinnon on the Low Water Bridge Road while he was in his truck, records show, with Craig getting out and going over to the victim's vehicle. Craig reportedly told McKinnon to leave his father alone, reached inside and struck him.

McKinnon drove off, but was met again by the trio near the same area.

The second meeting proved fatal for McKinnon.

According to attorneys in the case, the proceedings shouldn't last more than three days, though the week of May 19-23 is available if necessary.

Jury selection will be held May 19, with the trial starting May 20.

In other court business, Collette Bishop agreed to a plea bargain in the burning of a house she and her estranged husband, Ramon, occupied on Feb. 18, 1997.

Bishop pled guilty to arson and was sentenced to 10 years probation, fined $1,000 and ordered to pay restitution in the amount of $15,000.

Terrian Crow also plea bargained his case, three counts of second degree forgery. He was given five years probation, a $500 fine and sentenced to a total of 120 days in the drug rehab and regional punishment facility.

Jason Kenworthy was the third to plea out, as his case was more than cut and dried.

Kenworthy, charged with burglary and theft of property from the Keith Watson home, had his crime caught on videotape.

The tape showed Kenworthy carrying items from the carport. He told the court Jimmy Arnette was the one who entered the home and took the things to the carport.

Kenworthy was given 10 years probation, a $1,000 fine and told to pay restitution of $4,000 by May 19.

Nonpayment, Purifoy informed him, would be considered a violation of his probation and could get him sent to jail.

The final plea agreement of the day involved Frankie Kirkham, who was charged with throwing rocks from the overpass.

He also faced counts of fleeing, reckless driving, criminal mischief and aggravated assault.

Kirkham told the court he was talked into throwing the rocks from the overpass on I-30 by Mike Cottingham.

The rocks caused damage to eight different vehicles.

Kirkham also tried to outrun Nevada County deputy Jason Arrington.

He was given five years probation, 120 days in jail and ordered to pay restitution of $6,733.11 for the damage done to the vehicles.

On the other charges, he was given another 220 days, five years probation and court costs. The sentences are to run concurrently.