Nevada County Picayune and Gurdon Times Newspaper Archive

Suspects To Be Monitored

Toby Craig and Johnny W. Cason have been ordered to wear electronic monitoring devices as a modification of their bond agreement.

Cason and Craig, two of three suspects charged with the Nov. 9, 1996, murder of Jakie McKinnon, were in Nevada County Court Tuesday, Jan. 28, after members of the McKinnon family had reportedly seen them in the county.

Cason's hearing was heard during the morning of Tuesday, Jan. 28, in the Nevada County Courthouse. Other than his being ordered to wear the electronic device, no more information was available at press time.

As part of the three being released on bond, they, Cason, Craig and Keith Buchheit, were not to enter or pass through Nevada County unless they were ordered to appear in court or were going to their attorney's office. Craig, however, is the only one of the defendants with a local attorney -- Chuck Honey.

In the afternoon session, Mary Graham, McKinnon's cousin, was called to the stand by Danny Rodgers, deputy prosecuting attorney.

She was asked pointedly whether or not she had seen Craig around Thanksgiving. Rodgers said he had a statement from her and her daughter, Lorency, attesting to the fact they had both seen Craig driving on Highway 19 around the holiday.

Graham responded telling Rodgers she and her daughter were on the front porch of their home when they saw a black pickup they knew belonged to Gerald Craig, Toby's father, drive past. Both, she said, turned to the other and said the driver looked like Toby Craig.

However, Graham refused to swear the person she saw behind the wheel of the truck was Toby Craig.

Rodgers said he had 10 reports of sightings, but when those making the reports got to court, they would say they weren't sure. He said there was no reason to continue dragging the McKinnon family into court if people weren't going to stick by their statements.

Honey, when questioning Graham, said she couldn't swear it was Craig she had seen, with her agreeing she could not positively identify him as being the driver of the pickup.

"You know you're under oath," he said, "and have to swear (it was Craig) but can't."

"I can't swear it was him," she said, "but I just know it was."

Rodgers then called Graham's daughter to the stand.

She testified she and her mother were on the porch after Thanksgiving when they saw Gerald Craig's truck go by. "I said, 'That was Toby,'" the told the court. "To me it was him."

She said the truck was one she knew was owned by Craig's father and told Rodgers the driver had no beard. Gerald Craig wears a beard, while his son, Toby, is clean shaven.

Graham told Honey she has known Craig for years.

When Honey asked how far away she and her mother were at the time they allegedly saw him, she was unable to give a specific distance, but later (under questioning by Honey) provided a distance of about 30 feet.

"I know it was Toby Craig," she told Honey, "because no one else looks like him."

Mandy Harris, McKinnon's daughter, was called next.

She had reportedly seen Craig Friday, Jan. 24, around 5 p.m. on Highway 19 near where her father lived.

Rodgers went through a time-line of the events from the first appearance of the three after McKinnon's murder to the time the court order was issued, Dec. 2.

He asked if she had seen Craig since this time. Harris, choking back tears, said she has tried to avoid Craig since the incident occurred.

However, she told the court, as a home health worker she was going to see a patient who lives in the area where her father lived. While on the way, she had to go by his house.

Harris said she saw a dirty white vehicle driven by Craig. "I recognized him and kind of froze," she said.

According to Harris, Craig recognized her and drove away at a high rate of speed. She told the court she attempted to get the license plate number of the vehicle but couldn't, because she couldn't catch up with the vehicle. She said she was driving almost 100 miles per hour at times during the chase.

When she couldn't catch the vehicle, Harris said she found a phone and notified the Nevada County Sheriff's Office and called Scott Clark, a criminal investigator with the Arkansas State Police.

Rodgers asked what vehicle she was driving at the time and was told it was Jakie's 1994 truck.

Rodgers asked if Craig and Jakie had been friends at one time, to be told yes, and whether or not Craig would have recognized this particular vehicle. Again, Harris said yes.

Honey asked Harris if she was obsessed with this situation, with a negative response.

"If you're not obsessed," he queried, "then do you know where he was at noon today?"

"No," she said.

"Do you know where he ate lunch?"

Again, Harris said no.

Honey then asked why Craig's family saw her drive by Baker's Best Stop five times while they were there.

Her response was she had gone to her office, then dropped someone off at the Wolves Drive-In and had to go back and pick them up later.

When Honey asked if Harris thought Craig's employer would lie for him, she said no.

JoAnn McKinnon, Jakie's sister-in-law, followed Harris on the stand.

She told the court she had seen a person she believed to be Craig Friday evening around 5:00 on Highway 19 as she was coming from Delight.

McKinnon testified she was returning to Prescott from Delight at the time, and was entering an "S" curve near the road leading to the Craig family home.

This part of the highway is three-lanes, and McKinnon said she was in the left lane, instead of the slow traffic lane further to the right.

She said as she was entering the curve, she saw what appeared to be a dull or dirty white pickup.

Entering the second curve, she said, she noticed the driver was wearing a fatigue-like cap, similar to the ones worn by National Guardsmen -- more of a hat than a cap. As the two vehicles were even with one another, McKinnon said the driver of the truck turned his head to the right, giving her his full left profile. "I saw the left side of a clean shaved face. I was upset," she said. "I didn't want to believe I saw him, but I did."

Honey asked how sure she was it was Craig. "I wouldn't lie on anyone," she responded. "I believe it was him with all my heart.'

He then asked if Craig's employer testified he hadn't gotten off until 4 p.m. if she believed she saw him. McKinnon said yes.

When asked if Craig's wife would say he was home at the time, would she believe she had seen him.

"I don't know what they'll say," McKinnon said. "But I know what I believe in my heart."

Rodgers rested at this point, allowing Honey to call witnesses on Craig's behalf.

There were only two -- Craig's boss, Rick Needham, and his wife, Tina.

Needham is a construction superintendent with Harris Construction Co. This company is currently building a complex behind Shoney's Restauran