Manslaughter plea averts retrial in pizza deliveryman's slaying

Two witnesses from Demarious Banyard's 2006 capital murder trial can no longer recall details of the day a pizza deliveryman was shot and killed Feb. 24, 2003.

And Banyard's co-defendant, Dennis Ragsdale, now says he was responsible for killing Robin Ballard, 25, that day, after Ballard delivered a pizza order to the Westwick Apartment complex in Jackson.

A prosecutor cited those factors in the decision to offer Banyard a deal to plead guilty to culpable negligence murder in Ballard's death rather than face a second trial.

"It's the state's position that this is the best resolution of the case," said Assistant District Attorney Shannon Coghlan,"instead of risking a jury coming back with a not guilty verdict or it being a hung jury."

Hinds County Circuit Judge Jeff Weill reluctantly accepted the plea Thursday, but not without remarking that he thought it was small of prosecutors to say they had concerns that Banyard wouldn't be convicted in a retrial.

An eight-page document the district attorney's office presented regarding reducing the capital murder charge prompted Weill to say, "In my 30 years of legal practice, I have never seen a document like this."

Manslaughter carries a maximum 20 years in prison. Banyard is to be given credit for time served.

Ballard's mother, Cathy Williams, who read a letter she wrote in 2006, said she never wanted the death penalty for Banyard or Ragsdale.

But Williams said she wanted them to wake up every morning knowing they were encased in a tomb.

"I was raised to turn the other cheek, but I can never forgive them," Williams said. "I wish for them a long life of misery."

Outside the courthouse, Ballard's brother, Cody Ballard of Kosciusko, called the plea deal "bull s---t."

In court, Banyard was barely audible when he answered questions Weill asked.

When asked if he had anything to say to the family of Ballard, Banyard's attorney, Sibyl Byrd, said he was too nervous to speak. But Byrd said Banyard wanted her to apologize for him.

Banyard, 25, was scheduled for retrial May 14 because the state Supreme Court threw out his conviction and life sentence in 2010. The court said the jury should have been given instruction on Banyard's claim that he was under duress when he shot Ballard.

Banyard said Ragsdale gave him the gun and coerced him into the shooting and robbery because he was afraid of the older teen.

Since Ragsdale didn't testify in Banyard's trial nor was he required to in pleading guilty, there had been little on the record of his account about what happened.

Now, there is no value to the state to have Ragsdale testify because he gave a statement to the defense that doesn't help the prosecution, Coghlan said.

Ragsdale pleaded guilty to murder in 2006 and was sentenced to 20 years.

"We agree that Mr. Ragsdale was just as responsible or more responsible than Mr. Banyard," Coghlan said.

Coghlan said two new witnesses were prepared to testify that Ragsdale had a history of bullying Banyard.

In addition to saying he was under duress from the older Ragsdale at the time of the shooting, Banyard also had said Ragsdale had told him the gun wasn't loaded.

To comment on this story, call Jimmie E. Gates at (601) 961-7212.

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Lily Choy sentenced for murdering foster kid in 2007

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