ASHDOWN, Ark.-- A Little River County jury handed down a guilty verdict Friday night in the second trial of a man accused of killing an Ashdown couple and attempting to kill their baby in 1997.
Timothy Lamont Howard, who previously had been given the death penalty, received sentences late Friday totaling 38 years.
The jury found Howard, 45, guilty of two counts of second-degree murder and a single count of attempted second-degree murder. At the conclusion of Howard's first trial, he was found guilty of two counts of capital murder and a single count of attempted murder. That verdict was later overturned and he was granted a new trial.
Howard's second jury sentenced him to two 14-year terms for each of the second-degree murder convictions and a 10-year term for the attempted-murder count. Circuit Judge Charles Yeargan followed the jury's recommendation that Howard be ordered to serve the terms consecutively.
Howard has been in custody since his arrest in 1997. He will receive credit for the 18 years he's been behind bars toward the 38 years he was ordered to serve Friday, Prosecuting Attorney Bryan Chesshir said.
The new jury ruled Friday night after two weeks of testimony concerning the deaths of Brian and Shannon Day.
The couple's bodies were discovered separately Dec. 13, 1997. Brian Day's body was found in the back of a U-Haul truck in Ogden, Ark., on property owned by Howard's family. He'd been shot once in the back of the head and suffered a skull fracture from a blow, authorities said.
Shannon Day's body was found in a bedroom closet of the couple's home in Ashdown. A leather strap was wrapped around her neck, and her hands were cuffed behind her. Shannon Day was wearing only a T-shirt, a bra and socks. A pair of panties and sweatpants were found on the floor nearby.
The couple's baby, Trevor, was found stuffed in a zipped duffel bag in the same bedroom as his mother with a small lamp dangling from a cord wrapped around his neck.
In 1999, a jury gave Howard two death sentences plus 30 years in prison.
In 2013, Howard's conviction was overturned, and an order for a new trial was filed by Yeargan after a hearing on possible problems with DNA testing.
During that hearing, Howard's attorney, Patrick Benca, focused on the failure of the state to produce a DNA report regarding testing conducted on hairs found on a pair of work boots. Benca said the failure to produce evidence was a violation of Howard's rights.
Yeargan agreed that the testing of the DNA samples should be reviewed.
Howard's second trial began April 27.
Chesshir argued during the trial that all the evidence in the case pointed to Howard.
Chesshir and Chief Deputy Prosecuting Attorney Al Smith theorized that Howard had stolen Brian Day's stash of methamphetamine from a shack where he stored it on the Howard farm. Howard killed Day because he thought Day would know Howard had taken the drugs, Chesshir argued.
Chesshir told the jury Howard was likely under the influence of the drug when he went to the Day home Dec. 13, 1997. He also argued Howard was having an affair with Shannon Day, who he thought might be pregnant with his child, and that things went "south."
Howard's lead defense lawyer argued plenty of reasons exist to doubt the state's theory.
Benca referred to testimony from numerous witnesses who bought methamphetamine from Brian Day and who said Shannon Day was fearful the week before her death.
Benca argued that Brian Day was involved in drug transactions with people locally and from Oklahoma who could be responsible for the slayings.
"The testimony was that he was a good friend to Brian every second," Benca argued. "He was there when Trevor was born."
Benca also said it would be "highly unlikely" that Howard could have gotten Shannon Day pregnant or that he would have wished an end to any pregnancy. Benca told the jury that Howard was told by a doctor in 1992 that he would probably never be able to father a child.
After the second-degree murder verdicts were announced Friday night by Yeargan, the punishment phase of Howard's trial began. Testimony from members of the Day family was heard before both sides argued their positions on punishment.
Information for this article was contributed by staff members of the Texarkana Gazette.
Metro on 05/10/2015