HOT SPRINGS - A former Hot Springs man was convicted of second-degree murder and second-degree battery Thursday after a two day trial in Garland County Circuit Court stemming from a shooting at a party in October 2011 in which one man was killed and another man was critically injured.
The seven-woman, five-man jury deliberated for about 90 minutes before finding Herbert Pierre Bennett, 26, who has since moved to Mississippi, guilty in the murder of Justin Burks, 27, and the battery of Lucas Horsley, 27, both of Hot Springs.
Bennett was originally charged with first-degree murder and first-degree battery, but the jury opted for the lesser charges.
The jury deliberated about 45 minutes before recommending a sentence of 13 years in prison on the murder charge plus six years for the felony firearm enhancement because a gun was used. He was sentenced to 3½ years on the battery charge.
Deputy prosecutor Joe Graham said the murder and enhancement sentences would run consecutively for a total of 19 years. The jury didn’t give a recommendation on how to run the battery charge, but Judge John Homer Wright opted to run it concurrently over Graham’s objection, so no additional time was added.
Bennett, the only witness presented by the defense, testified Thursday that Burks attacked him and he was “in fear for my life” when he reacted “in a split second” and fired one shot, with the bullet hitting Burks in the chest and passing through to hit Horsley in the neck.
Arkansas, Pages 10 on 10/26/2013