Brooks found guilty of first-degree murder

A jury of six men and six women convicted Duane Edgar "Dewey" Brooks, 57, of first-degree murder in the Alleghany County Courtroom near midday on March 23.

Brooks, who has been in prison since 2005, was accused of the murder of his son Benjamin Hartman, and has been sentenced to remain in jail for the remainder of his natural life without the possibility of parole, according to Judge Judson D. Deramus. Brooks, through his attorneys, filed a notice of appeal.

The state was represented by Assistant District Attorney John Sherrill. Brooks was represented by Donna Shumate of Sparta and J. Clark Fischer of Winston-Salem.

As Clerk of Superior Court Susie Gambill read the unanimous verdict, a single gasp could be heard in the courtroom and Brooks' mother, Betty Adams, placed her hand over her mouth and cried. Brooks leaned over on one hand and displayed little apparent emotion.

The jury had deliberated for a short period (about 30 minutes) on the previous day (March 22), asking the judge to repeat the elements involved in first-degree murder, second-degree murder and voluntary manslaughter before they were excused for the day.

The jury went into deliberations about 10 a.m. Friday and returned with the verdict around noon.

The members of the jury were thanked for their service by Deramus and excused, and after they were out of the room, Fischer informed the judge that Brooks had a statement.

Pulling a piece of notebook paper out of his pocket, Brooks began to read, stating he was "sorry this happened as I have (been) from day one."

Brooks then made comment about Sherrill's closing argument.

"(The) jury decided Mr. Sherrill's rampage was enough to convince them I was a murderer."

He went on to state that, in his opinion, some information about Hartman has been "sugar-coated." One example was that Hartman's brother Andy had "warned me not to let him come from Spencerville (Ohio). Within three weeks, I learned Andy had been right about Ben's drinking."

A second example cited by Brooks involved Bob Conner, with whom Hartman resided for a three-year period. Brooks said Conner told him in either 2002 or 2003, "The reason Ben was not allowed in his home was Bob's wife was afraid he'd hurt the children."

In his statement, Brooks also made mention of Hartman's dog "Boy" which he alleged had the same temperament as Hartman. He also spoke of his first wife and Sherrill's comments that Brooks "left" his children. Brooks explained to the court that he and his first wife parted ways because she "had affairs with several men." The two had an agreement regarding summer visitation for Brooks with the children; however, one year, she told him she was "afraid I wouldn't bring them back."

Reading from the paper, Brooks continued, "It's fair to say I contributed to the bettering of lives." He said he was a productive member of society who helped with construction projects including bridges, churches, shopping centers and stadiums.

"I have earned the respect of thousands," he said, adding he had intentions of bringing Hartman to North Carolina to give him the "opportunity to get his life in order."

Brooks finished by reiterating his testimony, "All I wanted to do was help that boy. All he wanted to do was kill me."

Closing Statements

The defense was the first to offer closing statements, first by Shumate and then by Fischer.

During Shumate's statement, she reminded jurors that at the time of the murder, Brooks was in a "kill or be killed" situation. She also mentioned that throughout his testimony, Brooks' story remained consistent. "He thought he was going to die," she said. "Why would Mr. Brooks...decide to shoot his son if he wasn't provoked? A reasonable person in Mr. Brooks' place would have reacted the same way."

Shumate continued, "Ben initiated the confrontation. He actually pulled the trigger because (Brooks) heard the clip and (Hartman) actually tried to kill him. He (Brooks) had to enter the fight. He didn't have a choice."

”Addressing the inconsistencies of four wounds and Brooks' recollection of three shots, Shumate reminded jurors in the case of adrenaline, people are less likely to remember every single detail of something.

Shumate commented it was purely speculation as to what was going through Hartman's mind when he went into the camper and whether he was going to call for help or to retrieve another weapon.

"We don't know for sure why he moved to (the) end of the camper, but we know he did."

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