Culprits in Burns Murder (L to R) Raymond Elswick, Joey Hicks and his his wife, Crystal Kniceley Hicks, 26, a former resident of Calhoun
By David Hedges, Publisher
www.thetimesrecord.net
The three people responsible for the death of a 51-year-old Spencer handyman were the victim's "judge, jury and executioners" prosecutor Mark Sergent said in opening remarks of the trial of one of the suspects Wednesday.
After the other two suspects entered plea bargains a year ago, Raymond Elswick, 42, is being tried for murder, kidnapping and conspiracy in connection with the death of Daniel Burns on Memorial Day weekend of 2005.
Sergent said a beating that started at the Market Street home of Joey and Crystal Hicks ended when Burns' body was dumped along a rural road.
Both Hicks are already serving sentences for the crime and are expected to testify.
Raymond Elswick (left) and defense attorney Lee
Benford wait during a break in Elswick's murder trial
that got underway in Roane Circuit Court this week.
(Sidney Boggs Photography)
Joey Hicks was sentenced to 15 years for voluntary manslaughter and 1-to-5 years for conspiracy.
His wife, Crystal Hicks, was sentenced to a year for a misdemeanor charge of involuntary manslaughter and 1-to-5 years each on two charges of conspiracy.
Defense attorney Lee Benford said the defense agreed that Burns was kidnapped and murdered.
"We don't agree that Mr. Elswick committed those crimes," he told the three-man, nine-woman jury picked after a daylong selection process Tuesday.
Benford said that Burns came to the Hicks residence to help with a remodeling project undertaken by the couple and Elswick, although he said "there was a lot more beer drinking going on than work" that night. The couple's four children also lived in the home.
During the evening Benford said Crystal Hicks walked into a room and saw Burns trying to place his hand inside her nine-year-old daughter's pants. She screamed and began shoving Burns out the door.
He said Joey Hicks and Elswick heard the commotion and joined in the fracas.
Sergent said a neighbor who called police reported seeing a man being kicked and beaten on the front porch of the Hicks residence. The man was dragged across the street and placed in the back of the couple's car.
When city officers arrived the Hicks allegedly told police Burns had walked home on his own, although he was actually in the back of their car.
Sergent said Burns was unresponsive when police came and was unable to make any noise to alert them he was still there. Police did not check the car.
Sergent told the jury that after the police left the three suspects got into the car and started to drive Burns back to his home on West Main Street.
Instead, Sergent said they ended up taking him on a ride that would cost Burns his life.
"They took the law into their own hands, which ended in the kidnapping and killing of Burns," Sergent said.
While they were driving around Burns awoke in the rear of the couple's hatchback vehicle. Sergent said Elswick, who was in the back seat, resumed beating him.
Crystal Hicks told police she was driving and her husband was in the front passenger seat.
They drove to Lion Fork Road, where Burns was taken out of the car and beaten more, Sergent said...
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See also Three Arrested In Spencer Murder
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