Hayes sentenced : Felon given 40 years in prison, still faces up to 30 years more for failure to appear

FAYETTEVILLE — Washington County Circuit Judge William Storey sentenced Terry Hayes on Tuesday to 40 years in prison and fined him $45,000 for threatening to kill his son and for other crimes.

A jury found Hayes guilty Sept. 24 on charges of aggravated assaulton a family member, terroristic threatening, intimidating a witness and felon in possession of a firearm.

Hayes, 41, was convicted of threatening to kill his then-14-year-old son while holding a gun to his head on Jan. 19 while the two were at Hayes’ residence on Black Oak Road outside of Fayetteville. Hayes was also found guilty of calling and threatening a witness - his son’s mother - on June 23, the day before the case was set to go to trial.

While still on bond, Hayes left the courthouse Sept. 24 before the jury returned sentencing recommendations totaling 55 years and fines of $45,000.

As a habitual offender, Hayes still faces between three and 30 years for failure to appear for sentencing, if convicted. After about a week on the lam, Hayes was captured by a multi-agency task force in a public wooded area near Gravette.

On the jury convictions, Hayes faced as many as 55 years. Judges can run sentences on each offense either consecutively or concurrently and can also reduce a recommended sentence, even though they hardly ever do.

Deputy prosecutor Dustin Roberts said that because Hayes was sentenced as a habitual offender, it’s hard to predict when he might he eligible for parole.

Last week, Storey allowed Hayes to dismiss defense attorney Jim Rose III and postponed sentencing for one week. Rose had asked to be relieved as counsel after Hayes fled during the trial.

Hayes’ new defense attorney, Kristin Pawlick, argued unsuccessfully for another delay, claiming that Hayes wanted another attorney in her firm who was unavailable Tuesday. She also said that she needed more time to prepare because Hayes retained her firm Tuesday after trying first to hire several others lawyers.

Hayes had been scheduled for arraignment Tuesday for the failure to appear charge, but Storey delayed this and ordered a mental evaluation on Oct. 21 after Pawlick requested the exam, saying Hayes is bipolar.

Pawlick said in an interview that she’s almost certain Hayes will appeal his conviction.