Dragging Defendant Begins Sentence
NOVEMBER 19, 12:40 EST
By C. BRYSON HULL
Associated Press Writer
JASPER, Texas (AP) — The vicious dragging death of James Byrd Jr., having taken its place in the annals of American hate crimes, now leaves the daily life of the city it made famous 17 months ago.
Byrd's family conducted a quiet graveside memorial for him today, as the last of his killers began a life sentence handed down by a Jasper County jury Thursday.
The all-white jury sentenced Shawn Allen Berry, 24, to life in prison less than two hours after finding him guilty of capital murder for killing the 49-year-old black man.
The decision means Berry avoids the fate of his two co-defendants, avowed white supremacists John William King, 25, and Lawrence Russell Brewer, 32, who were sentenced to die for the killing in separate trials earlier this year. Berry must spend at least 40 years in prison before he can be paroled.
Jurors rejected Berry's claim that he was frozen with fear and unable to stop his companions from assaulting Byrd.
On June 7, 1998, Byrd was beaten, hooked to Berry's pickup truck with a 24-foot logging chain, and dragged by his ankles over three miles of bumpy country road. His shredded body was found the next day, torn in two, his headless torso left between a black church and black cemetery.
Jasper County District Attorney Guy James Gray said that Berry's sentence was enough to help the people of Jasper cleanse themselves of a crime which thrust their quiet East Texas city of 8,000 into the harsh glare of the nation.
``I think they're satisfied. Two death penalties, a capital conviction and a life sentence is a pretty satisfactory result,'' said Gray, who along with the Byrd family, had sought a death sentence.
``We can accept (a life sentence),'' said Byrd's sister, Clara Taylor. ``The jurors are honest, capable people that had a hard decision to make, and had to go with their own conscience to live with it.''
Today, relatives placed a black, white and red wreath over Byrd's silver-topped grave. He is buried in a cemetery where the plots of blacks and whites had been divided by a fence until it was removed earlier this year in honor of his death.
``We place this wreath as a symbol of the healing process, not just for our family but for the Jasper community and the world,'' said Mylinda Washington, Byrd's sister. ``Hopefully it will bring closure to this phase of justice for James.''
Byrd's niece, Farshanda Boatner, sang a favorite song of her uncle's, ``I Believe I Can Fly,'' and the family joined in on the chorus.
Gray said he thought the jury found Berry to be less of a future danger because Berry had none of the racist history or white supremacist tattoos Brewer and King did. Jurors must find a defendant will be a future threat to society to hand down a death sentence.
``Of course, he was relieved that he didn't get the death penalty, but like I said, we were disappointed he was convicted of capital murder,'' said Berry's attorney, Joseph C. Hawthorn.
The foreman read a statement in court on behalf of the jury, who declined to answer reporters' questions.
``We, the jury, have reached a decision after long hours of painful and prayerful deliberation,'' Gary Creel said, pausing to stifle tears. ``We stand together as a group. ... It's over.''
Immediately after State District Judge Joe Bob Golden read his sentence, Berry was taken for processing into prison.
Because of his involvement in a racist crime and the fact that he implicated his white supremacist friends, Berry is isolated in protective custody and likely will remain that way when he reaches his permanent assignment in four to six weeks, prisons spokesman Larry Fitzgerald said.
Prosecutors called no witnesses in the punishment phase, but introduced evidence regarding Berry's prior convictions for burglary and drunken driving. Nine people testified that the former movie theater manager did not pose a future threat to society.
Berry maintained his innocence in the witness box Thursday.
``I am very sorry for what happened to Mr. Byrd and I've said that from day one,'' he said. ``I wanted to speak to the Byrd family personally but I couldn't.''
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