Murder cases fill 2011

Posted: Wednesday, December 28, 2011 4:25 pm | Updated: 5:26 pm, Wed Dec 28, 2011.

In DeKalb County, five individuals still have pending murder charges, with some expected to either have hearings or a trial early in 2012. Still, other killing cases reached resolution in 2011.

• Karri Denise Willoughby - Willoughby is accused of killing her stepfather, Billy Junior Shaw, with a lethal injection of Propofol in April 2008, the same drug involved in the death of pop star Michael Jackson. Proceedings are expected to start Feb. 6.

Willoughby's attorney Bruce Gardner has said his team expects "to be fully prepared and ready to go on that date."

"It can't come soon enough for us," Gardner said. "It will be almost two years that she's been in jail when we get to [Feb. 6], so we're looking forward to it."

Authorities exhumed Shaw's body in May 2009, after receiving information that Shaw had not died from natural causes as originally thought.

After an autopsy, the medical examiner concluded Shaw died from a lethal injection of drugs, and homicide was ruled the manner of death.

Willoughby told investigators she found Shaw dead in his home.

Gardner confirmed Willoughby took the drugs in April 2008 from Chattanooga Surgery Center, where Willoughby worked as a nurse from March 2007 to May 2009.

Gardner has previously said Willoughby, on her stepfather's request, took the drugs to subdue an animal to sell.

In a motion to deny bond in May 2010, prosecutors said Willoughby took money from both Shaw and her mother, who also died in April 2008 and argued in the motion that Willoughby stood to inherit a part of Shaw's estate, valued between $ 200,000 and $ 300,000.

Her husband testified at the bond hearing that he and his wife had previously filed for bankruptcy in 2002 and at the time of the bond hearing in May 2010, were under Chapter 11 and had been for three yeas due to financial troubles.

Willoughby has not yet entered a plea in the case, but has maintained her innocence since going to jail in May 2010.

• Patty Elaine Westbrook - Westbrook is currently charged with attempted murder for the killing of Boyce Charles "Pete" Batey, 74, of the Whiton community.

According to DeKalb County Sheriff Jimmy Harris, Westbrook approached Batey and asked him for a ride to which he agreed.

"While they were traveling, Westbrook allegedly shot Mr. Batey in the chest as they were coming to the intersection of County Roads 36 and 246," Harris has said.

According to Harris, Westbrook allegedly pulled a gun on Batey and demanded money. Harris said Batey then took his wallet out of his pocket and threw it out the window of the car. That's when Westbrook allegedly shot Batey.

Batey was initially taken to Marshall Medical Center South and later to UAB Hospital, where he stayed for several weeks.

Batey died about three months after the shooting while in hospice care at his home.

No reports have been received as to whether Batey's death was a direct result of the injuries he sustained in the shooting.

"Mr. Batey's body has been taken to the Alabama Department of Forensic Sciences in Huntsville for an autopsy," Harris said in an earlier release. "We will continue to work with District Attorney [Mike O'Dell] on the case, and if the results of the autopsy indicate that the cause of Mr. Batey's death was in any way related to the shooting on March 5, we will make every effort to have Westbrook's charges upgraded."

Deputy District Attorney Bob Johnston had said that if Batey's cause of death is determined to be related to the gunshot he received during the alleged attempted robbery, Westbrook's charges could be upgraded.

"The law historically has been, if the victim dies as a result of an assault and injury within a year of the incident, the charges can be upgraded," Johnston has said. "My guess would be she will be indicted, based on the findings of the autopsy, either on attempted murder or capital murder."

Johnston said Westbrook's case will be presented to a DeKalb County grand jury sometime in the spring.

• Shannon David Smith - Smith is charged with the murder of Allan Lamar Henderson, 51, of Dawson.

According to Harris, an argument escalated between Smith and Henderson, which resulted in Henderson being fatally shot in the chest.

Smith was arrested at the scene of the crime.

• Tony Ray Stone - Tony Stone is charged with murder following the death of his father, Barry Turner Stone, of Leesburg.

In a 30-minute preliminary hearing on Dec. 19, DeKalb Sheriff's Major Crimes Unit Commander Wade Hill was questioned by Johnston.

Hill testified the department received a call on Oct. 11 of a possible body found.

Several agencies responded to the scene, where Barry Stone's body was found near a creek, to which Hill referred to as Shiloh Crossing, or, as Tony Stone referred to it, Johnny's Creek.

"Mr. [Barry] Stone had about eight stab wounds, three to the chest and five to the neck," Hill said. "The preliminary autopsy report from the Alabama Department of Forensic Sciences listed the cause of death as multiple stab wounds and the manner of death as a homicide.

The final autopsy report isn't available yet and is awaiting results from toxicology.

Hill said witnesses said they saw Barry Stone with his son, Tony Stone.

"We questioned Tony Stone, and ultimately he gave us a statement."

Hill said Tony Stone said his father talked of wanting to end his life, and that he was tired of living.

"He said they went to Johnny's Creek with his dad, and that's where he stabbed him, on his father's request, according to Tony," Hill said.

Johnston asked Hill if, going by Tony Stone's statement, if the incident would be similar to assisted suicide, to which Hill responded, "Yes."

Tony Stone's defense attorney Matt Green then cross-examined Hill.

"What was the defendant's demeanor when he was interviewed at Fort Payne Police Department?" Green asked.

"He was noticeably upset," Hill said. "He was very defensive in the beginning."

Hill told Green the murder weapon was found in the trunk of a car that belonged to Tony Stone's girlfriend's father.

Green asked Hill if he thought there was any other motive other than the one provided by Tony Stone in his statement.

"Yes," Hill said. "For him to stab his father, as brutally as he did, it seemed there was more rage than compassion involved in the crime.

The defense and prosecution both rested, and District Judge Steve Whitmire, finding probable cause for arrest, said the case will now be presented to an upcoming grand jury for possible indictment.

Johnston said in the cases of Stone, Smith and Westbrook, all three cases will be presented to a grand jury, where evidence will be presented for possible indictments.

He said the grand jury would probably meet sometime in April, depending on the receipt of forensics reports.

"I hope by the fall of 2012, we'll get these cases to trial," Johnston said.

• Wayne Thomas McMinn - McMinn was charged with murder in 2010 and pleaded not guilty due to reason of mental disease or defect.

McMinn is accused of shooting and killing Rickey R. McCallie, 52, of Dogtown.

The alleged shooting happened in July 2010. Investigators said the two men had an ongoing dispute over the theft of some chickens.

In his initial court appearance, McMinn said he acted in self-defense.

Johnston said McMinn is expected to appear in court in late-January for a competency hearing, and the judge will then determine the next hearing date.

• Richard Sharp Shelton and Billy Ray Justice - Shelton and Justice were recently sentenced in the shooting death of Jerry Neal Burt.

Shelton pleaded guilty to capital murder and received a life sentence without the possibility of parole and Justice pleaded guilty to murder and arson, received two life sentences and has the chance of parole.

Shelton said in a statement that he and Justice went to the home of Burt to rob him of money and prescription medications.

When Burt didn't comply with demands, Shelton took the gun, borrowed from a friend, and shot Burt in the face at point blank range.

The two men then looked through Burt's belongings and found medications. They left the home, went to a gas station, bought $ 5 worth of gasoline and returned to the home. After looking for more medications, they attempted to set the home on fire to cover up the crime, but the fire went out.

The two eventually admitted to the crimes.

Both have been transported to Alabama prison facilities to serve their sentences.

In a jailhouse interview following the trial, Shelton felt he got what he deserves.

"I know I deserve life without parole," Shelton said. "I feel like justice was served today. While in prison, I hope to help others, who have the chance of getting out, and I also want to get an education."

• Daniel Carden - Daniel Carden was going to be charged with capital murder in the death of his wife, Jennifer Ann Nicole Williams Carden, but ended up shooting and killing himself in front of his 3-year-old son.

Jackson County Sheriff Chuck Phillips said a warrant was issued for Carden's arrest when Carden shot himself in his car in the Jackson County town of Hollywood.

Carden was the suspect in the death of Jennifer Carden, who appeared to have died in a house fire in their home last December.

At that time, Carden told DeKalb County investigators he had gone into the kitchen to get his child some milk when he noticed smoke. Carden said he called for his wife to get out, but said he couldn't get to her because the smoke was too thick.

He and the child escaped through a back door, but Jennifer Carden, who investigators said was lying on a bed in the home's front bedroom, within 10 feet of the front door, didn't make it out.

• Joshua and Brandy Matthews - In March 2011, investigators said Joshua Matthews apparently fatally shot his wife, Brandy Alison Willingham Matthews, 30, multiple times and then fatally shot himself in the head.

Harris said relatives discovered the bodies in the bedroom of their County Road 657 home, after Brandy Matthews failed to show up for work.

• Danny Graham and Karen Graham - In January 2011, Danny Graham, allegedly shot and killed his wife, Karen Collins Graham, 45, at their home on Wisner Street in Rainsville, before turning the gun on himself, according to investigators.

Harris said it appeared the motive was jealously because "Mrs. Graham had allegedly been talking to another man," and this resulted in a domestic dispute that escalated into violence.

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