Nevada County Picayune and Gurdon Times Newspaper Archive

Cond Hearing Held For Three Murder Suspects; 1 Posts Bail

By JOHN MILLER

Bond was set for the three men accused of killing Jakie McKinnon.

Judge Jim Hudson set bond for Johnny Cason at $250,000, while bond for Keith Buchheit and Toby Craig was set at $500,000 each as they live out of state and the risk of flight is greater.

Cason, though, has managed to make bail and has been released, while the other two remain in custody in the Nevada County Jail.

The three men made their first appearance in court Wednesday, Nov. 13, in the bond hearing. Cason and Craig had attorneys, while Gene Hale represented Buchheit at the time.

Chuck Honey represented Craig, while John Pickett, with the Damon Young firm of Texarkana, represented Cason.

Danny Rodgers, deputy prosecuting attorney, argued against setting bond for the trio because of the nature of the crime committed and the inherent flight risk involved.

He questioned Nevada County Sheriff Harold Vines on the issue, with Vines recommending no bond be set because of the severity of the charge (first degree murder) and the possibility someone may want to harm them as well.

Vines said McKinnon had apparently been killed over hunting rights and was concerned about the suspects if they were to be released.

Honey said his client had only been charged with a crime and not convicted of it. He pointed out Craig was buying a home in Hooks, Texas, is married and has a job. "There is no indication he would run if on bond," he told the court.

In fact, Honey said there it would ruin Craig's life if he ran because he would lose everything he has.

He pointed out no member of the McKinnon family has talked about retaliation, and had, in fact, called Craig's family to tell them they wouldn't do anything.

Pickett pointed out similar things for his client, stating Cason has moved to Clark County where he has a job with Polycarbon in a supervisory capacity.

According to Pickett, Cason's job was being held for him by the company.

He said Cason is recently divorced, but has a three-year-old child he's responsible for and is not a flight risk.

Pickett said Cason turned himself in when he was notified of the charges, and, if released on bond, his family would make sure he returned for any and all court dates.

Hale was unable to be as eloquent for his client, having just met Buchheit before the hearing. However, he said the suspect worked at a Texarkana utility company and was not a flight risk either.

McKinnon's sister, Joan Barton, was wheeled to the stand. She said McKinnon had two other sisters and two brothers living, as well as three children he left behind.

Barton said she wasn't aware of any calls to the suspects' families, but did say there was no ill will toward their families. However, she said the others (Cason, Buchheit and Craig) should pay a price by law for what they did. She asked bond be denied so they would have to remain in jail.

Rodgers asked Barton if McKinnon knew the suspects. She said yes, he, Craig and Cason were close acquaintances.

She voiced concerns about their trying to meet with members of the McKinnon family if released and concern for their safety because the incident has upset a lot of people.

"We won't retaliate," she said of her family. "We will be calm and let the law handle it.

"We feel others not related may cause problems and are worried about seeing the defendants on the streets or them coming around the family."

Rodgers alleged Craig and Cason had been drinking at the time McKinnon was beaten to death and had a history of drinking and violent behavior.

Honey, in cross examination, asked Barton if she understood the purpose of bond was not a punishment and the three had not been convicted of anything.

She said yes, and told him she had no idea if they would run or not if released because she had no information.

Honey told her one of the conditions of a bond would be the suspects staying away from the McKinnon family.

"We don't want them out on bond," she said. "We fear for them."

Pickett got the same response from Barton as Honey had when asked about Cason.

Hale asked her if she knew Buchheit and was told no.

Craig's father, Gerald, was called to the stand by Honey. He, again, went through the litany of Toby's work, family and lack of prior convictions.

He said he would make sure his son returned for all court appearances if released on bond as there were no reasons Toby would jump bail.

He said the McKinnon family had nothing to fear from his son and didn't believe they would harm his son either.

"We're treating this as a horrible tragedy," he said.

Nelda Craig, Toby's stepmother, then took the stand. She informed the court for the past 25 years she has been Toby's mother, saying she considers him to be her son.

Some of the McKinnons, she said, are her best friends. "We never wanted this in a million years," she said. "This is horrible for both families. We hurt for them. There's no hatred. We love every one of them. It's just something went out of hand."

Mrs. Craig said no McKinnons would be in danger from her stepson or other members of the Craig family.

She informed the court two members of the McKinnon family had called her and said there were no hard feelings toward her or Gerald and the family.

Pickett called Cason's father, John, to the stand.

The elder Cason said his son, though recently divorced, has financial obligations to his three-year-old son and has a good relationship with the child. He told the court Johnny has visitation rights with his child as well.

"We have no reason to believe he would run," he said. "We'll do everything possible to make sure he comes back and will help him comply with the conditions of the bond."

Cason said the McKinnons were good friends of his and this is a tragedy for all involved.

Hale called on Buchheit's father, Gary, who said his son has one full-time job and two part-time jobs in order to try and save his home because of a recent divorce.

Honey asked Buchheit if the suspects had all turned themselves in and was told yes.

"He called and told me a man was dead," Buchheit said of his son, "and they were turning themselves in. I have no reason to believe he won't be back. They're good boys."

Rodgers asked the court to take judicial notice that the three had not actually walked in themselves and had beaten McKinnon until he was dead.

"They did more than go to the Nevada County Sheriff's Office and turn themselves in, Rodgers said, pointing out Craig had made a statement as to what happened Saturday night after they went to jail.

Rodgers referred to a statement given by Tim Hall and Craig, along with the investigators in the case, which stated the three had hunted McKinnon down.

When McKinnon tried to get away, they hunted him down, took his gun and beat him until he was dead, Rodgers told the