BRYAN — A Brazos County jury on Tuesday convicted Darnell Hartsfield on five counts of capital murder for the deaths of five people kidnapped from a Kilgore Kentucky Fried Chicken in September 1983.
The deliberations took less than two hours.
Earlier in the day, Rusk County District Judge J. Clay Gossett told the courtroom he would not tolerate emotional outbursts. The reaction in the courtroom was almost muted as the verdict was read. Hartsfield's sister, who was in the courtroom for the verdict, closed her eyes and bowed her head as if in prayer. She said she did not want to make any comment.
Gossett sentenced Hartsfield to the only punishment available — a life sentence on each count. The sentences will be served consecutively with the previous life sentence he received for aggravated perjury.
Hartsfield had no visible reaction to the sentencing.
The seven-woman, five-man jury and the two alternates left the jury box and joined the trial's audience to listen to victim impact statements.
Jury foreman Brad Smith, the only black person on the jury, said the jury was mostly in agreement on Hartsfield's guilt. He said the DNA evidence placing Hartsfield at the scene helped the jury reach a unanimous decision.
Patricia Maxwell, mother of victim David Maxwell, embraced her former daughter-in-law Lana Dunkerley. Other victims' relatives dabbed their eyes with tissues without making a sound.
"We're disappointed with the verdict," said defense attorney Thad Davidson. "We still believe our client is innocent."
'Quite a leap'
Davidson said he thought the testimony about Hartsfield committing an armed robbery three days after the killings led to Hartsfield's conviction. He said the testimony was "devastating" to the case, and the defense plans to file an appeal.
During his closing argument, defense attorney Donald Killingsworth argued that the prosecution presented no evidence Hartsfield was involved in the crime. He said the defense conceded Hartsfield's blood was on a cash register tape box, but the state could not prove where the box came from or how the blood got on it. He said prosecutors were asking the jury to turn drops of blood on a box to robbery, kidnapping and murder.
"It's quite a leap," he said.
Assistant Attorney General Lisa Tanner said Hartsfield was a key suspect from the beginning of the investigation, but science could not connect him to the crime until years later.
"This was a case of us having to wait," Tanner said.
Preparing for appeal
She singled out the defense's suggestion of planted evidence during her argument, citing a lab report within weeks of the crime that listed a blood-stained box. She said if someone was going to plant evidence then that person would have directed the investigation to Hartsfield and away from former suspect James Earl Mankins Jr.
Tanner said she was pleased and gratified with the verdict, and she was happy for the victims' families. The prosecution will begin preparing for the appeal.
"There's still some heavy lifting left to be done," Tanner said, in between speaking with relatives of the victims outside the courtroom.
Family reactions
Kathy Hamilton, victim Maxwell's sister, demanded Hartsfield look at her as she spoke of the crime's effect on her and her family's lives. She told him to turn around and look at the faces of the people he hurt, and he spun briefly in his chair.
"You killed a part of each and every one of us that has to live on," Hamilton said.
Linda Lee, mother of victim Monte Landers, fought tears as she spoke to Hartsfield.
"It took me 10 years to realize that I didn't die," she said. "I couldn't save him that night like mom's should, but I can be here today."
Jack Hughes, who was married to victim Opie Hughes at the time of her death, spoke forcefully to Hartsfield, saying the only emotion he ever saw from him was arrogance. Hughes said he hoped Hartsfield would "someday have the guts" to identify the third suspect involved in the crime.
"I don't hate you," Hughes said. "I feel sorry for you."
Several family members said they felt relief with the verdict and had come one step closer to closure.
"I don't think you ever get closure," Patricia Maxwell said.
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At a glance
Sept. 23, 1983: Five people were abducted from a Kilgore Kentucky Fried Chicken and taken to an oil lease road in northern Rusk County, where they were shot. Their bodies were found the next day.
Killed: David Maxwell, 20; Mary Tyler, 37; Opie Ann Hughes, 39; Joey Johnson, 20; and Monte Landers, 19. Landers was not employed at the restaurant.
Oct. 26, 2005: Jury convicted Hartsfield of aggravated perjury stemming from his testimony that he was not in the restaurant the night of the abductions. He is sentenced to life in prison.
Nov. 17, 2005: Texas attorney general announced capital murder indictments against cousins Hartsfield and Romeo Pinkerton for the slayings.
October 2007: Pinkerton pleaded guilty to five counts of murder, avoiding a possible death sentence. He was sentenced to five concurrent life sentences.
Sept. 30, 2008: Hartsfield is found guilty of capital murder.
