A Sequoyah County man, on death row for the killing of Oklahoma Highway Patrol Trooper David “Rocky” Eales, will argue for his life on appeal March 27.
Kenneth Eugene Barrett, 55, is scheduled to present his case to a U.S. District Court judge in Muskogee.
Barrett was convicted of manslaughter in Sequoyah County District Court and sentenced to 30 years. In U.S. Federal Court, Barrett was found guilty of first-degree murder in Eales death and was sentenced to death.
The charges resulted when Eales was killed on Sept. 24, 1999, when serving a warrant on Barrett’s home on Dwight Mission Road. Eales was killed and OHP Trooper John “Buddy” Hamilton was wounded when Barrett opened fire on their vehicle as it approached.
Defense attorneys argued Barrett did not know it was law enforcement serving a warrant. Prosecuting attorneys argued Barrett knew he was shooting at law enforcement officers.
The 10th U.S. Circuit Court of Appeals in Denver ruled Barrett’s argument, that he was not adequately represented at trial, should be reviewed by a U.S. District Court judge in Muskogee.
Sally Maxwell, Senior News Director
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