Man convicted of 2007 murder

HUNTINGTON -- A 25-year-old who suffers from diminished mental capacity now faces up to 30 years in prison for shooting a Barboursville man in October 2007.

Jonathan Gene Adkins, of Barboursville, entered a Kennedy plea Monday, Nov. 2, convicting him of second-degree murder in the Oct. 3, 2007, shooting death of Jerry Eaves. The victim's body was found in a driveway at 5159 Heath Creek Road near Barboursville. Investigators said he received a single gunshot wound to the chest.

The Kennedy plea, received by Cabell Circuit Judge Dan O'Hanlon, allowed for Adkins' conviction without the defendant explaining his specific role in the crime. The agreement with prosecutors says the most Adkins can be sentenced to is 30 years in prison.

Adkins was released on home confinement until his Jan. 8, 2010, sentencing date. He was initially placed on home confinement on Nov. 7, 2007.

The shooting rattled an otherwise quiet neighborhood called Pine Acres. It consisted of about 25 houses in a secluded area between Martha and W.Va. 10 south of Huntington.

Eaves' mother, Shirley Jordan, watched Monday's court proceeding and expressed disappointment with the plea agreement. She believed the shooting to be a premeditated act, but prosecutors worried about a not guilty verdict from jurors sympathetic to Adkins' mental state and his claim of self-defense.

Adkins trial was scheduled to begin Monday, but was called off late last week when the plea agreement was reached. The trial had been delayed multiple times.

The criminal complaint charges that Adkins had told the victim's sister he planned to kill Eaves if the victim did not hand over money Adkins believed he was owed. Jordan said Monday her daughter had offered to pay the estimated $35 debt, but that did not suffice.

Following that conversation, the complaint states, Adkins drove to the Heath Creek residence, confronted Eaves about the debt, shot him with a pistol and fled the scene. Adkins turned himself in to West Virginia State Police the following night.

Assistant Cabell County Prosecutor Sean Hammers said the $35 debt was only one of the disagreements that led to the deadly confrontation.

Jordan, following Monday's court appearance, described the shooting's impact on her family.

"It has just been torture ... knowing that Jerry's short life was ended," she said. "My family has suffered so much because of this hideous and vicious murder. We need to know that he won't be out there to hurt someone else, as he has Jerry and our family."

Investigators found a knife in the hand of Eaves' deceased body when they arrived, Hammers said. The prosecution faced that reality along with a defense expert's opinion that the suspect suffers from diminished capacity. Such a person may have lacked ability to restrain one's self or comprehend the nature of a crime.

"You never know what a jury is going to do, especially in this case. There was merit on both sides," Hammers said after Monday's hearing. "Clearly he had a mental and psychiatric history dating back to grade school that would have indicated that he suffered from either a diminished capacity or just an inability to appreciate what he was doing."

Adkins' first opportunity for parole will be in 10 years. If sentenced to the maximum punishment, good behavior will allow him to discharge the prison sentence in 15 years.

Hammers said the possibility of home confinement exists, but he hopes that chance is slim. The victim's family will speak on the prosecution's behalf at sentencing. Family members are expected to push for significant time in prison.

Adkins' admission that a firearm was involved in the crime eliminates any chance of probation, Hammers said.

Adkins declined comment Monday morning, along with his supporters and public defenders.

Jordan had cared for Eaves since he was 7 years old. She adopted him a few years later.

Following the shooting, Jordan recalled their last conversation occurred Oct. 2, 2007. She described him to be in good spirits at the time. She had described him as a loving son who had his share of problems, including at that time a recent divorce and a bi-polar disorder.

TIMELINE: Death of Jerry Eaves
Oct. 3, 2007: Authorities respond to a shooting at 5159 Heath Creek Road near Barboursville. The body of Jerry Eaves lies in the driveway of the residence with a single gunshot wound to the chest. Investigators say the shooting followed a dispute.
Oct. 4, 2007: Jonathan Gene Adkins turns himself into West Virginia State Police about 10:30 p.m. He is charged with murder. The criminal complaint states Adkins drove to the residence and confronted Eaves about a debt. The confrontation led to Adkins using a pistol to shoot Eaves in the chest.
Oct. 23, 2007: Adkins waives his right to a preliminary hearing in magistrate court. His case advances to the grand jury.
Jan. 25, 2008: Adkins is named in a grand jury indictment charging him with murder.
Nov. 8, 2008: It is reported that a defense expert has determined Adkins suffers from diminished capacity, which means a person may have lacked ability to restrain one’s self or comprehend the nature of a crime.
Nov. 2, 2009: Adkins enters a Kennedy plea convicting him of second-degree murder. It allowed for his conviction without the defendant explaining his specific role in the crime. The agreement limits the possible punishment to a 30-year prison sentence.
Jan. 8, 2010: Adkins is scheduled to be sentenced in Cabell Circuit Court.