Tag: Ken Bruce

UPDATE: Judge refuses to overturn Kenneth Bartley plea deal:

Yesterday Judge Jon Kerry Blackwood rejected the motion for the Campbell County High School shooter, Kenny Bartley Jr., to withdraw his guilty plea.

When the Judge Blackwood announced his decision, the courtroom filled with applause.

That says a lot, doesn’t it? Not only that but the lawyer that helped him reach the deal testified against Bartley.

Mike Hatmaker, Bartley’s former attorney who helped broker the plea deal testified the 15-year old knew what he was getting into.

“He wanted to do this. Absolutely,” says Hatmaker.

District Attorney General Paul Phillips asked during Monday’s proceeding, “Any question in your mind?”

“No,” replied Hatmaker.

Now a question that makes no sense from his new attorney…

According to his new defense attorney, Bruce Poston, the teen didn’t completely understand them before taking the offer.

Poston says, “On March 25th you turned down a deal that was 25 years for second degree murder and 10 years and 10 years for attempted second degree murder.”

Bartley replied, “Yes sir.”

“On April 10th you said I’ll take the deal. Why?,” asked Poston.

Bartley answered, “I was scared cause I was looking at two life sentences.”

It sounds like he understood exactly what he was doing. That’s why people take pleas, to avoid longer sentences.

Bartley has 30 days to appeal. I’m sure there will be an appeal and I’m sure that one will be rejected too.

New Attorney Moves to Withdraw School Shooter’s Guilty Plea:

Kenny Bartley’s new attorney has made some changes about withdrawing his guilty plea.

Kenneth Bartley Jr.’s new attorney has taken the next step toward withdrawing his client’s guilty plea.

Bruce Poston has amended a motion filed by Bartley’s old attorney explaining why the plea should be withdrawn.

Included in the motion, arguments made previously that Bartley Jr.’s parents didn’t consent to the plea.

And new arguments that Bartley didn’t know lesser convictions could carry lesser punishments.

Poston also argues that Bartley Jr.’s former attorney Mike Hatmaker pressured Bartley Jr. to accept the last-minute deal without consulting with anyone, especially his parents.

What lesser charge? Jaywalking? Truancy? Leaving a flaming bag of dog crap on someone’s doorstep? He killed a man for crying out loud. And personally, I don’t think his parents should be consulted as far as a plea agreement goes. He made the choice to shoot and kill Ken Bruce so then he alone should make the choice of whether or not he wants to take a plea.

The way I see it either the sentence will stand or they’ll go back to trial and Bartley will be convicted and sentenced to even more time.

Kenneth Bartley hires new attorney:

In the wake of appealing his guilty plea, Kenny Bartley has a new attorney.

Kenneth Bartley met with Knoxville attorney Bruce Poston this week. Poston agreed to take over the case from Michael Hatfield.

Bartley was sentenced to 45 years in prison, as part of a plea bargain last month. However, Poston says that’s “no bargain” for Bartley who only faced six more years if he lost at trial.

On July 2nd, Poston will try to convince a judge the teen didn’t “knowingly or voluntarily” agree to the terms, and that he turned down a similar offer in the presence of his parents.

Be careful what you wish for Mr. Poston. If this goes back to trial and you lose 51 years is the minimum of what Bartley is facing.

Principal: Bartley had chance to flee:

The other day I posted about Campbell County High Assistant Principal Jim Pierce testifying in the juvenile status hearing for shooter Kenny Bartley. Now it’s Principal Gary Seale’s turn. According to Seale’s testimony, Bartley had an opportunity to flee the office rather than loading the gun and firing it.

Seale soon found himself distracted by a tardy student who showed up at the guard shack. Meanwhile, Bartley had arrived at Pierce’s office. Pierce again radioed Seale, who headed to Pierce’s office.

“Mr. Bruce walked in behind me,” Seale said. “Little Kenny was sitting in a chair. I asked him what was going on.”

Seale took a seat next to Bartley. Bruce stood near the door. Pierce was seated behind his desk.

“I just told Kenny, ‘I want what you have in your pocket,’ ” Pierce testified.

Bartley reached for his pocket. Seale did, too, but Bartley swatted his hand away and pulled out a gun, Seale testified.

“Kenny stood up with the gun, waving it at all of us,” Pierce said.

Bruce moved from the door to the back of the room, Seale said.

“I was like, ‘Little Kenny, is that real?’ ” Seale testified. “He was like, ‘I’ll show you. I don’t like you anyway.’ ”

Seale and Pierce testified that Bartley then reached into his pocket, pulled out an ammunition clip, loaded the gun and opened fire. Seale was struck in the groin. Bruce was struck in the chest. Pierce was shot in the side and hand while wrestling Bartley to the floor.

As soon as Ken Bruce moved to the back of the room Kenny Bartley could have just walked out the door. Instead, he chose to fire his gun killing Bruce and wounding Seale and Pierce.

An officer also testified that drugs played a major role in the shooting.

Campbell County Sheriff’s Department Deputy Darrell Mongar testified that Bartley had 10 Xanax pills in his pocket. Xanax is a brand name for a prescription narcotic sedative.

Under questioning by defense attorney Mike Hatmaker, Mongar described Bartley’s reaction once handcuffed.

“He started crying,” Mongar said. “He stated that he had stolen his father’s gun and brought it to school to trade for Oxycontin (an opiate-based prescription painkiller). He said none of this would have happened if he hadn’t taken (two of) the Xanaxes.”

Considering he was trying to trade the gun for OxyContin it’s safe to assume that the Xanax wasn’t prescribed to him.

If Bartley is tried as an adult he’s looking at a minimum of 51 years. Since Bartley has a prior juvenile record that swings things in favor of him being tried as an adult since rehabilitation obviously hasn’t worked.

A decision should be reached today.

‘It’s real’: Testimony in Campbell shooting:

Campbell County High Assistant Principal Jim Pierce testified today in a hearing to see if Kenny Bartley will be tried as an adult or a juvenile. Mr. Pierce gave his account of the shooting…

Pierce, an assistant principal, testified today in Campbell County Juvenile Court that he summoned Bartley to his office after receiving a tip the boy was armed.

“I just told Kenny I want what you have in your pocket,” Pierce testified.

Bartley brandished a gun, Pierce said.

“Kenny stood up with the gun waving it at all of use,” he testified.

“Mr. Seale asked him if it was real. He said yes it’s real, I’ll show you I never liked you anyway.”

Pierce said Bartley reached into his pocket, pulled out an ammunition clip and popped it into the gun and started shooting.

As we know now administrators Jim Pierce and Gary Seale were wounded while Ken Bruce was killed.

I guess there goes that “accidental shooting” theory that so many of Bartley’s supporters have espoused.