HUNTINGTON — Cherylethia “Bunny” Holmes cried and Wendy Morgan’s mother rejoiced with prayer when the jury’s guilty verdict was announced Friday afternoon.
The nine-woman, three-man jury convicted the 26-year-old Holmes of ordering Morgan’s death in the summer of 2004. Holmes received life in prison with a chance of parole in 15 years on the charge of accessory before the fact to murder.
Morgan, 31, died July 28, 2004. A passerby found her body in the 500 block of 5th Street.
Several witnesses testified that Holmes ordered Morgan’s death after drugs and cash were stolen from her crack house near the 1200 block of 10th Avenue.
After Friday’s verdict, Holmes said she has made many mistakes in her life, but she continued denying any involvement in Morgan’s death. She told the court the jury convicted her of a crime she did not commit.
“I never ordered no harm to anyone,” she said. “I can’t take back the past, and I can’t take back the decision that other people have made or what they chose to do to Wendy Morgan, but I did not order them to harm that lady in no way.”
Two gunmen, Cedeal “GiGi” Harper and Rafelle “RoRo” Harris, were convicted in April 2006 for their role in Morgan’s death.
The jury in Holmes’ case deliberated for about two hours before announcing its verdict. The decision followed four days of testimony and arguments.
The 12 jurors surprised many onlookers when their verdict was accompanied by a recommendation of mercy for Holmes, even before any sentencing hearing was held. A mercy sentence made Holmes eligible for parole after serving 15 years in prison on that sentence. Otherwise, Holmes faced a life sentence without parole.
Cabell County Prosecutor Chris Chiles and Chief Circuit Judge Alfred Ferguson said the life with mercy sentence showed Holmes more mercy than she afforded her victim.
Morgan’s mother, Marsha, reluctantly accepted the jury’s recommendation. She spoke to the jurors in court.
“That was not my intent,” she said. “Mercy to me comes after remorse, and you have to be remorseful before God can give you mercy ... I do not believe that she is one bit sorry that my daughter is dead.”
After court, Chiles said he believes it would have been difficult for the jury to sentence Holmes to life without mercy when both gunman have a chance for parole.
Holmes is currently serving an eight-year, one-month prison sentence for federal drug and firearm violations. She was sentenced on those charges in February 2006. She will begin serving the life with mercy sentence when she completes her time in federal prison.
Ferguson said the two crimes are totally separate and it would be “silly” to allow Holmes to serve both punishments at the same time.
Holmes’ mother, Phylethia Holmes, traveled from Detroit for this week’s proceedings.
After court, she said he daughter did not receive a fair trial. She and her daughter’s attorney, Mark Hobbs, vowed to appeal.
“I have to,” she said. “This is my daughter’s life. I really feel for that lady and her daughter. The loss of her daughter should have never occurred, but I have real deep feelings that my daughter did not do it.”
Outside the courtroom, Marsha Morgan said the conviction brings closure, which she has been seeking for almost four years.
“This part of it is over, and I can just grieve for my daughter now,” she said. “It was the last thing I could do for Wendy, so I’m done now. That part of it is over, and the closure is that. I’ve done everything for Wendy that I can do.”
The already high-profile case drew extra attention because Holmes’ name also has been mentioned by investigators in connection with the May 22, 2005, killing of four area teenagers. Holmes never has been charged in connection with those deaths, but investigators have theorized the teenagers were killed in a similar fashion — with out-of-towners being ordered to settle a drug dispute.
A witness’s mention of the quadruple homicide prompted a call by Holmes’ attorney for a mistrial Tuesday. Larry Clark, a former drug addict, said, “I have no doubt in my mind that she ordered four other kids’ deaths in this town.”
Ferguson denied the request. Hobbs believed Clark’s utterance is a big issue.
“It would be difficult as jurors to totally block out that comment,” he said. “Even with that comment, in front of the jury, they still recommended mercy for Ms. Holmes on their own. Just think what it could have been had they not had that information.”
Marsha Morgan said she wasn’t thinking about any appeal, and Chiles said it does not cause him concern. He said Clark’s comment came in response to a question from Hobbs, instead of something Chiles elicited on direct examination.
“She certainly got a fair trial,” Chiles said. “I wish he hadn’t said it, but I don’t think it will be a major factor.”
Chiles said he is unsure what, if any, effect Friday’s verdict will have on the quadruple homicide investigation. He said the conviction may show others who have been reluctant to talk that even a little bit of information can be useful in solving a larger case.
Many of the quadruple homicide families attended each day of the Holmes’ trial. Marsha Morgan referred to them as friends and said she prays every day that investigators bring the same closure to their families.
“I feel part of them in a way,” she said.
The verdict was praised by Tina Ward and Dorothy Jackson, the mother and grandmother of one of the quadruple homicide victims, Donté Ward. Tina Ward referred to Wendy Morgan as a friend, and said she was happy to support her family.
Now she is looking forward.
“Whoever killed my son, their turn is coming next,” she said.
Ferguson said the weeklong trial was not an easy case.
“I’ve been involved in a lot drug cases, but I admit this was a lesson for me, how the drug culture operates,” he said. “It was just one of those cases when you went home at night, you wanted to take a shower or a bath. It’s just terrible, and to think that people are living like this in total darkness, you know, not knowing there is more to life than doing their drugs every day. It’s sad.”
The jury asked only one question during its two hours of deliberation. It wanted to see a transcript of Harper’s testimony at his trial in April 2006, but Ferguson denied the request because the document had not been entered into evidence. Prosecutors had used Harper’s prior comments to corroborate another witness’ account that Holmes refused to call off a hit aimed at killing Morgan.
During closing arguments, Chiles told the jury that a guilty verdict would send a message from the people of Cabell County.
“The state’s evidence is overwhelming,” he said. “We care about even what happens to drug addicts and all of our citizens, and the people who commit violent crimes should be punished. That time is now here, ladies and gentleman. Bunny Holmes must be punished.”
Chiles repeatedly asked the jury to use common sense and reasoning. He said his witnesses didn’t come from a church choir, but told the jury Holmes selected each one through her actions in 2004. He asked the jury to consider who had more to gain by being dishonest, Holmes or the 11 to 12 witnesses who testified against her.
“Ladies and gentlemen, Bunny Holmes sure paid Wendy back, but did (Morgan) get what she deserved?” Chiles asked the jury.
Hobbs repeated many of his prior claims. He argued no witness testified that Holmes ordered Morgan’s death. Instead, he said they used innuendo to support the prosecution’s case. He also argued it would make no sense for Holmes to kill one of her workers, if his client was truly operating a big-time drug operation.
Hobbs agreed with Holmes in saying the story was embellished on the streets. He pointed out differences in the alleged reward. He recalled one witness testifying about $1,500; another who talked about a $10,000 contract; and a third who said the reward was a split 8-ball of crack cocaine.
Hobbs also continued referring to movies to further his argument. He said one juror can change the verdict, such as in “12 Angry Men,” and he compared the state’s case to something straight out of the “Godfather” with drug dealers ordering hits.
Chiles said the offerings Holmes, whether they be drugs or money, proved his case that Holmes offered something in return for Morgan’s death.
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