East Texas

By KENNETH DEAN
Staff Writer

BRYAN - When asked the jury's verdict Tuesday evening in the infamous Kentucky Fried Chicken murder case, the foreman - a College Station police officer - answered State District Judge Clay Gossett with "guilty of capital murder."

It was a verdict long fought for by Texas Attorney General prosecutor Lisa Tanner and Rusk County District Attorney Michael Jimerson, and the defense team of Don Killingsworth and Thad Davidson feared would be levied against their client, Darnell Hartsfield.

"I'm very satisfied, very pleased and very happy for the families," Tanner said following the conclusion of more than two weeks of trial.

Family members sobbed loudly, and held and kissed each other in celebration. They had waited 25 years for some resolution to the Sept. 23, 1983 abductions and murders of David Maxwell, 20; Mary Tyler, 37; Opie Ann Hughes, 39; Joey Johnson, 20; and Monte Landers, 19. All but Landers worked at the Kilgore restaurant. Landers was a friend of Maxwell and Johnson, and was visiting them as the restaurant was closing for the night.

Earlier in the day Killingsworth and Tanner squared off as they delivered their closing.

Killingsworth and Davidson attempted to tear down the state's case by discrediting witnesses and evidence. The biggest piece of evidence being a box with Hartsfield's blood on it found inside the KFC the morning after the murders.

DNA testing proved the blood to be Hartsfield's in 2001.

"If someone secured that box, then where are the contents of the box? Where are the cash register rolls they say were in there?" Killingsworth asked the jury during his closing argument.

He went on to say he knew the state would rebut him by saying the evidence was clear and DNA could not be overlooked or downplayed.

"We are asking you to take a look at all of the evidence, the whole picture," he said. "The state is asking you to take a few spots of blood on a box and turn it into murder. That is quite a leap, quite a leap."

Killingsworth said the entire ordeal has been very emotional. "Obviously we're disappointed and we were hoping for a better outcome," he said, adding that the defense team will file an appeal.

"The family members want some closure and they want someone convicted and punished. I understand that, but just because they need that, that is not a reason to ignore the lack of evidence against Darnell Hartsfield," he said.

Tanner took her remaining 17 minutes of time allotted for her arguments and told jurors just what Killingsworth feared - that DNA did not lie. She then said despite "rabbit trails and rumors" the case was a robbery which had gone bad.

"This case is one long robbery that turned very badly. That is all that it is," she said.

She then told jurors they had to listen to the evidence because the victims could not tell them what happened that night.

"The five people that could tell us what happened are not with us anymore," she said.

She then pleaded with the jurors to find Hartsfield guilty.

Shortly after 3 p.m. the jury was excused from the courtroom to begin deliberations and would stay out just shy of two hours before reaching a decision.

Bradford Smith served as the foreman for the 12-member jury and relayed the jury's verdict.

Killingsworth then polled the jury, and each member stated their name and confirmed they agreed with the verdict.

Hartsfield stood as he faced the jury and then as Gossett imposed the consecutive life sentences that will be stacked on top of an earlier life sentence for aggravated perjury in the case. Each juror filed into the courtroom to watch the sentencing and they too shed tears as each victim's name was read.

Hartsfield never spoke, but did steal one look back at his sister who was sitting in the gallery.

When asked if he understood he had been found guilty of capital murder, Killingsworth answered for Hartsfield that he did.

When Gossett announced to the defendant the sentence would be served consecutively with the earlier sentence, the families all exhaled a sigh - a long awaited sigh of relief they had been holding for 25 years.