Bare found guilty of first-degree murder

Billy Joe Bare, 27, was found guilty Aug. 10 of first-degree murder and was sentenced to life in prison in Alleghany County Superior Court with Judge A. Moses Massey presiding. The jury found that Bare killed 21-year-old Juan Jose Castro Lopez on March 20, 2006 with malice, premeditation and deliberation.

District Attorney Tom Horner was the prosecutor in the case, in which testimony showed that Bare conspired to kill Lopez due to a cocaine drug debt. The state's primary witness was 34-year-old Lonnie Dale Love, who testified against Bare and also is charged with first- degree murder. Love's trial is still pending.

Bare sat stone faced as the verdict of the eight man, four woman jury was read aloud in court after about six hours of deliberations over a two-day period. Some of Bare's friends and family members, including his mother, began to cry after the verdict was announced.

A notice of appeal was made that afternoon through Bare's attorney, Don Willey of Jefferson.

In addition to the life sentence for murder, Bare also was found guilty of conspiracy to commit murder and breaking and entering.

These charges were consolidated and carry a minimum sentence of 225 months (18.75 years) and a maximum sentence of 279 months (23.25 years). Closing Arguments

Willey was the first to offer a closing argument in the case. He began by indicating there were two eyewitnesses in the case, Mr. Love and Laura Church.

"Mr. Love can't get around the (fact the) blue Chevy S-10 never moved on March 20," he offered.

Willey also recounted testimony, in which Tonya Carver testified that Love couldn't be trusted. "Lonnie always makes things up," Willey said in recalling Carver's testimony.

Meanwhile, Willey also recalled testimony given by Deborah Causey, who said of Love, "You don't know what to believe."

Willey told the jurors, "Love was a man who needed a fall guy. Bare was that guy. Love needed a way out. He testified he was afraid of Bare. He needed a way out. In the end, it comes down to Laura Church versus Lonnie Love."

When Horner gave his closing statement, he reminded the jurors to use their common sense during deliberations.

"Mr. Willey has tried to make this a Lonnie Love versus Laura Church contest. Remember when she gave her statement to (Alleghany Sheriff's Office Deputy Bryan) Maines in June (2006)...(at) no time did she mention the truck."

Horner also pointed out that on March 20, "No matter how hard she tried, Vanessa Sparks could not say absolutely that Billy Bare was at work."

He told the members of the jury that of the two, Bare was the one with a motive in the case.

"Who needed the money?" He asked rhetorically. "Billy Bare. Who had motive? Billy Bare."

He pointed out that information in the case that had been corroborated, including the fact that a broom with blood spatter on it had been thrown out and that items that were taken from Lopez and clothing identified as Bare's being found at Caudill's home.

"Why would Billy Bare's clothes be there, unless it corroborated what Lonnie Love said?" Horner asked. "He said, ‘I was there. I was involved.' He put himself in harm's way by telling the truth." As he closed, he encouraged the jury members to "seek the truth." State's Evidence

The state rested its case last Wednesday afternoon, following the testimony of a number of witnesses, including Love.

Love, who first had taken the stand Tuesday, continued his testimony Wednesday, explaining he had been above the trailer occupied by Lopez on the occasions he went rabbit hunting. He commented he also had occasion to visit friends who resided for a time at a nearby residence. Willey asked Love if he had been offered a deal, a plea or a form of leniency for testifying in Bare's trial, to which he said, "No," indicating he was testifying in the case of his own free will. Willey then asked if Love had been asked to testify by the state. He replied that he was not really sure who asked him to testify, that he had received something from the local clerk of court.

 

Get the whole story - read this week's edition of The Alleghany News!