Demarious Banyard is back in jail again. The convicted killer caught a break this year and got out of prison on February 20 only to get arrested Sunday. Banyard killed a pizza delivery driver in 2003 when he was only 13 years old. WLBT reported in 2006:
A 17-year-old will spend the rest of his life in prison for a crime committed when he was just 13.
Wednesday, a Hinds County jury found Demarious Banyard guilty of capital murder for the shooting death of a pizza deliveryman. It took the jury just two hours to reach a verdict.
"I feel better. I will rest a little easier. I will never be the same," said Kathy Williamson, the victim's mother. "I'm just glad that the three-and-a-half years it has taken to get to this point is over."
In February of 2003, Robin Ballard, 25, was shot and killed during a robbery while he delivered pizzas to the Westwick Apartments in Jackson.
Demarious Banyard pulled the trigger and confessed, but defense attorneys argued that Banyard was coerced by friends. They claimed an 18-year-old gave him the gun and pressured him into carrying out the crime.... Article.
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| Banyard at 17. Credit: WLBT |
Life didn't mean life in Banyard's case. He appealed the sentence. The Mississippi Supreme Court reversed his conviction and remanded the case for retrial.The opinion stated:
Banyard took the stand in his own defense. He testified that he was getting ready to take his younger cousin home after the basketball game when Ragsdale came up to him, handed him the gun, and said “let's go rob the pizza man.” Banyard testified that he did not want to rob the pizza man, but that Ragsdale was looking “serious and mean,” and that he was scared of him. Banyard testified that he had met Ragsdale before, and that Ragsdale had “jumped on [him]” the first time they had met. Although Ragsdale had told Banyard that the gun was unloaded, Banyard testified that he was still scared, because he thought Ragsdale would “put the bullets in the gun and shoot [him]” if he didn't go. They began walking toward the apartment gate, with Ragsdale walking “real close” to Banyard the entire time, saying “go [a]head, come on.” When asked why he did not run as they were getting closer to the car, Banyard again responded that he thought Ragsdale would “catch me, put the bullet in and shoot me.”Banyard went back to court and pled guilty to a charge of culpable negligence manslaughter in April 2012 Circuit Judge Jeff Weill sentenced him to serve 20 years but gave him credit for time served. Judge Weill did not include probation in his sentence.
¶ 7. When they reached the Malibu, Ragsdale went around to the passenger side and told Banyard to go to the driver's side. Ragsdale told Ballard to “give [him the] money.” Banyard testified that he “guessed [Ragsdale] couldn't get the money” because he “came back around” to the driver's side. As Banyard was handing Ragsdale the gun, his finger “tapped the thing and it went off.” At that point, Ragsdale started laughing and ran off with the gun, and Banyard followed....
The jury found Banyard guilty of capital murder. Banyard appealed, arguing that the trial court erred when it (1) refused any instruction with the lesser offense of manslaughter; (2) refused defense counsel's duress instruction; and (3) refused to appoint a psychiatrist to aid in his defense. We assigned the case to the Court of Appeals, which affirmed Banyard's conviction and sentence, and we granted certiorari....
We hold that the trial court erred when it refused Banyard's proffered duress instruction. We reverse the judgments of the Hinds County Circuit Court and the Court of Appeals and remand this case for a new trial.
JPD arrested Banyard Sunday for being a felon in possession of a firearm, possession of marijuana, and having a concealed weapon.
11 comments:
In February of 2003, Robin Ballard, 25, was shot and killed during a robbery while he delivered pizzas to the Westwick Apartments in Jackson.
17 years of the wheels of justice grinding-
ive research a million murder cases over the past thirty two years. in EVERY case involving a gun, where the defendant took the stand or gave a pretrial confession , the defendant always states ''the gun just went off''. they never say '' i shot him'', nor do they ever say ''i pointed the gun at him and fired''.
this case is no exception. see paragraph 7 to the opinion.
This murder is why I quit delivering pizza in 2003. It inspired me to get my shit together and get a real job. Also, the tipping was lousy.
I hope you will agree though @9:31 that those with little experience accidentally discharge more frequently than those who have taken the time to train and treat a weapon with respect.
In this case, it appears the original jury got it right. The supreme court said not so and remanded the case. Trial judges get it wrong sometime and when they do, we jump all over them. The supreme court should not be exception. Let's be clear this guy was out for one reason..The Mississippi Supreme Court.
Justice is quick to take the word of a murderer, especially when he claims he killed out of stupidity.
"I did not know the gun would go off." "I did not know what a gun is used for. You say they are used to kill people?" "Dang, I wish I had known that."
At least his momma didn't say, "He might rob you using a gun, but he would never kill you. He was a good boy."
I always love a mother who says that.
He's a cull buck. I just hope he didn't mate while he was out.
to 10:21.... experienced with firearms or not..............they all say the same thing.........'the gun just went off''.
Never touch a trigger unless you intend to pull it. Guess for some people the rule should be expanded to be that you never get close to a gun unless you intend to pull the trigger and kill someone.
Thug kids + guns = someone getting shot
He killed my cousin while he was just doing his job. Left his 5 years old daughter without a father. The judge is responsible for the next life he takes.
What happened to Demarious Banyard was a gross miscarriage of justice.
The fact that the system continues to fail him only compounds that miscarriage.
The killing of Robin Ballard was a heinous act, but the responsibility for that act falls on Dennis Ragsdale, the 19-year-old with the gun who decided to rob Robin Ballard, decided to make a show of "unloading" the gun in front of the scared 13 year old kid he was going to force help him, while actually chambering a round - ensuring the gun was live, and then forcing that live handgun into the hands of a scared 13 year old and telling him it was safe.
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