Judge John R. Barney, Jr.
Prosecutor: Larry Sells, Brian Poindexter
Defense: Alex Voils, Carolyn Rader
Date of Murder: August 3, 1993
Victim(s): Francis Benefiel W/M/66; Helen Benefiel W/F/65 (Grandparents of Barker's former girlfriend)
Method of Murder: shooting with handgun
Summary: Barker's former girlfriend, Candice Benefiel, was staying with her grandparents, Francis and Helen Benefiel, in their home. Barker watched the home one night for several hours, then broke in and struggled with Candice. Francis came to her aid and jumped on Barker, who shrugged him aside and shot him through the heart. Barker then broke down a bathroom door and found Helen and the one year old child of Barker and Candice, hiding in the closet. Barker shot Helen in the head and took the child. He then forced Candice to leave with him, first to the home of his former wife, Deanna Barker, then to Tennessee, where he was later arrested. At trial, Barker claimed he just wanted to see his daughter, he shot Francis in self-defense and shot Helen accidentally.
Conviction: Murder (2 counts), Kidnapping (A Felony), Confinement (B Felony), Burglary (B Felony)
Sentencing: December 30, 1996 (Death Sentence)
Aggravating Circumstances: b (1) Burglary, Kidnapping, 2 murders
Mitigating Circumstances: brain damage, low IQ, 3rd grade reading level, progressive neurological disease
Direct Appeal:
Barker v. State, 695 N.E.2d 925 (Ind. June 12, 1998)
Conviction Affirmed 5-0 DP Vacated 5-0
(Failure to Instruct on Life Without Parole / improper admission of prior assaults on Candice)
On Remand: Retrial scheduled for 01-18-00, Judge Gary Miller presiding.