VAN BUREN -- A Crawford County man was sentenced Friday to 17 years in prison for the shotgun slaying of a man and setting his home on fire while the man lay dying.
A circuit court jury of nine men and three women deliberated for about three hours Friday before convicting Jeremy Brake, 38, of second-degree murder in the Oct. 10, 2016, death of Michael King.
He was also convicted of using a firearm in committing a felony, arson, being a felon in possession of a firearm, first-degree criminal mischief, tampering with physical evidence and endangering the welfare of a minor.
After deliberating for another hour, the jury returned with sentencing recommendations that Circuit Judge Gary Cottrell followed in sentencing Brake.
The jury recommended that Brake be sentenced to 15 years in prison on the murder charge. It also recommended a two-year sentence on the charge of using a firearm to commit a felony, which Cottrell said will run consecutively with the murder sentence for a total sentence of 17 years on second-degree murder.
In closing arguments, Prosecuting Attorney Marc McCune told jurors that under Arkansas law Brake could be eligible for parole after serving a quarter of the murder sentence, or just more than four years. Brake also will receive credit for the 513 days he spent in the county jail since his arrest.
The other sentences were six years on the arson charge, five years for being a felon in possession of a firearm, three years for first-degree criminal mischief, six years for tampering with physical evidence and six years for endangering the welfare of a minor.
As the jury recommended, Cottrell ordered all of the sentences to run concurrently, or to be served at the same time.
Jurors began deliberating at 9 a.m. Friday but sent a note to the judge at 11:05 a.m. saying they were not able to reach a verdict. Cottrell had the jurors return to the courtroom and reminded them of their oath to deliver a verdict.
"And that's what you're going to do, if you can," he said.
He then released jurors to go to lunch as a group at the Western Sizzlin restaurant in Van Buren, telling them to relax and not think about their deliberations.
Jurors had to decide which of two stories presented in the two days of testimony to believe. The only evidence was the testimony of witnesses. Neither story was corroborated with physical evidence, most of which burned in the fire.
In the state's case, Chad Holsted, the best friend and roommate of King, testified that he saw Brake shoot King in the chest with a sawed-off shotgun and a pistol grip.
Brake's son, Jeremy Brake Jr., then 17, testified that his father took the shotgun with him when he and his father went to visit King on the night of Oct. 9, 2016. Blake Jr. said he was outside when he heard a gunshot and ran inside, where he saw his father holding the shotgun and the 650-pound King lying on his bed with a gunshot wound and screaming for help.
Holsted and Brake Jr. testified that they saw Brake Sr. set fire to a blanket in the mobile home before all three ran out the back door. They testified that they saw Brake Sr. throw a can of gasoline into the home and set it on fire.
The only defense witness, Brake Sr. testified on his own behalf Thursday and told jurors he did not kill King and wasn't present when he was shot. He denied having a shotgun. Brake Jr. said after the shooting that his father disassembled the shotgun and scattered the parts.
Brake Sr. said he had learned that Holsted and his brother Mark were going to rob King and were trying to recruit his son to help in the robbery. He said he was disgusted when he was at King's mobile home the night King died to see Holsted having supper with King, knowing that Holsted planned to rob him. Brake Sr. took his son and left, he said.
He said he didn't hear about King's death or the fire until a couple of days later.
State Desk on 03/10/2018