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GoogleThe first of several notable developments in the Shepard murder case came early.
On the same day that Spencer T. Anderson and Lyndale D. Henderson were in court for counsel status hearings, John Berning, speaking from his home in Marshall, identified the "unnamed juvenile" arrested for the crimes.
Berning said his son, Daniel, had confessed to his part in the killings. Berning then apologized to the community.
"Daniel admitted what he did and now he'll face the consequences. (He) deserves whatever he gets," he said. "And I don't say that because I don't love my son. But we just can't have that kind of thing happening all over."
Berning said he and Daniel's mother were both present during police questioning of their son.
"Both of us were just stunned beyond belief when he said what they did," Berning said. "It's our worst nightmare."
The following day, June 15, Daniel Berning was certified to stand trial as an adult.
As the summer warmed up, the cases moved on.
Judge James T. "Tut" Bellamy recused himself, and the cases were reassigned to Judge Hugh Harvey and Judge Dennis Rolf. All three defendants asked for a change of judge and a change of venue, not an unusual request in high-profile cases like murder.
Anderson and Berning got new lawyers.
And then, in what is likely the most unusual aspect of the case, Holly A. Hopkins of Marshall was arrested July 18 and charged with lying to police about the whereabouts of Anderson.
Police said Hopkins, 22, had falsely stated that Anderson was with her in Benton County from Friday, June 2, until 11 a.m. Monday, June 5.
Hopkins was held on a $10,000 cash-only bond at Saline County Justice Facility and faced a class D felony charge of hindering the prosecution of a felony.
If convicted, she faced a potential sentence of up to four years in the Department of Corrections, or up to one year in county jail and/or up to a $5,000 fine.
Hopkins never made it to trial. After her case was moved to Johnson County, Hopkins was released on bail. Not long after, she was run down by a hit-and-run driver in Eldon June 15, 2007.
Police in Eldon arrested and charged Austin M. Abbott, 17, of Eldon, with involuntary manslaughter, leaving the scene of an accident and driving while intoxicated.
Austin pleaded guilty Aug. 18, 2008, and was sentenced to seven years in the Department of Corrections for involuntary manslaughter, five years probation for leaving the scene of the accident, and 120 days in county jail for driving while intoxicated.
He is currently serving his sentence at Fulton.
On Dec. 29, 2006, court documents show, Saline County Prosecuting Attorney Donald G. Stouffer filed notice of the state's intent to seek the death penalty in the case against Anderson.
Under Missouri law, Anderson is the only one of the three charged in the case who was old enough to face the death penalty.
He was 18 at the time of the murders.
Eventually, all three cases were assigned to Pettis County Judge Robert L. Koffman.
All the trials remained in Saline County, but Berning and Henderson were to be tried by juries selected in Clay County.
Anderson's case was to be tried in front of a Jackson County jury.
Trial dates were set for 2008 -- May 12 for Berning, July 7 for Henderson and Sept. 22 for Anderson.
On May 9, 2008, everything changed when Anderson and Berning pleaded guilty to reduced charges.
Under the plea agreements, each pleaded guilty to two counts of second-degree murder, two counts of armed criminal action and one count of burglary. The charge of arson was dropped.
As part of the agreements, sentencing on the second-degree murder charges was delayed until both men "testify truthfully" in Henderson's trial and "anyone else who may be charged in the future," according to court documents.
The state recommended both Anderson and Berning be sentenced to 30 years for the second-degree murder and armed criminal action convictions.
In a press release later that day, Prosecuting Attorney Donald G. Stouffer said, "I continue to hold the strong belief that another person or persons participated to some degree in these murders," as he urged anyone with information about the murders to come forward.
Stouffer also noted that Zona Henderson of Marshall (no relation to Lyndale) had been indicted for perjury in previous testimony related to this case, "and the grand jury will be considering the indictment of additional persons."
At the May 9 hearing, Berning was sentenced to 15 years in Missouri Department of Corrections for the burglary conviction. Anderson, who waived his right to parole, was sentenced to seven years. Both will receive credit for time already served, as provided by Missouri law.
The two have been held without bond since mid-June 2006.
These sentences and any others assessed later will be served concurrently.
Contact Kathy Fairchild at marshallhealth@socket.net
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kobe: Crime by committed by juvenile offenders is actually down right now. Here's a chart you might find interesting: http://youthviolence.edschool.virginia.e...
As you can see, homicides by juveniles have declined to slightly below 1984 levels.
i think the boys that did this should get the death penalty because they knew what they where doing
and hold every one els responsebal tha was in falved
thirty years is not enough the sheaperds wouldnt heart nobody in any way they where good people i knew them very well i ask my self why them
they wher god sent
I agree with you completely amh! If these boys can put this much premeditation into a crime, then they should feel the full consequences. Maybe if we go back to the days of 'an eye for an eye' maybe the crime would drop some. These boys should be punished the same way they killed this innocent elderly couple.
Missouri law does not permit execution of those under 18 and neither Berning nor Henderson was 18 at the time of the murders, so they were never eligible for it.
Anderson was 18, and therefore eligible, but only if he was convicted of first-degree murder. Since he took the plea bargain, his charge was reduced to second-degree murder, and that charge does not carry the death penalty.
Neither Anderson nor Berning has been sentenced yet on the murder charge, but the state has recommended 30 years for each of them. They will not be executed, but they will be behind bars for a very long time.
I MEAN COULD WE POSSIBLE GET A BETTER PUNISHEMNT FOR THESE BOYS!!! THIS IS INSANE I SAY DEATH PENTLY!! THIS IS CRAZY!!!! THEY KNEW WHAT THEY WERE DOING! LOOKS LIKE A SLAP ON THE WRIST TO ME!!!