Appomattox man found guilty in homicide

By Carrie J. Sidener

Published: May 7, 2008

A Concord man accused of killing his cousin in a motor vehicle crash was convicted of voluntary manslaughter by an Appomattox County jury Wednesday.

Anthony Barnes, 49, had faced a second-degree murder charge in the June 2007 death of Calvin Lee Megginson, also of Concord.

Megginson, 58, died in the early evening of June 16 after his dune buggy was struck from behind by Barnes’ 1993 pickup truck on Dreaming Creek Road, according to the Virginia State Police.

Following a daylong trial, the jury deliberated for more than an hour before returning its verdict. After listening to additional testimony Wednesday evening, the jury recommended a sentence of 10 years in prison.

Judge William Shelton will have the final say on the sentence; a sentencing date will be set June 3.

Appomattox County Commonwealth’s Attorney Darrell Puckett and Assistant Commonwealth’s Attorney Les Fleet presented evidence from five Virginia State Police troopers, the medical examiner on the case and Megginson’s father, who testified that his son and Barnes had gotten into an altercation earlier that day.

“I submit to the jury that there was a problem and that problem got out of hand and it landed Calvin Megginson six feet under,” Puckett said in his closing remarks.

“If Calvin had gotten prompt medical attention, there’s no reason he couldn’t have lived. Things just don’t add up. … I submit to you that (Barnes) knew exactly what he was doing and it was intentional.”

Defense Attorney Mark Arthur said Barnes admitted to hitting Megginson with his pickup, but it was a tragic accident.

“Can you imagine all this, standing there, watching your cousin, the man you’ve been riding around with all day?” Arthur said in his closing remarks. “The evidence on the ground supports an accident and nothing more than an accident.”

Norville Megginson, 93, the victim’s father, testified that on the day of his son’s death, he drove to Barnes’ house to get his son and saw him slap Barnes across the face.

“It got to the point where it got out of hand and I told my boy, ‘Let’s go,’” Norville Megginson said. “My boy knocked his glasses off.”

A little while later, Norville Megginson testified that he met Barnes’ pickup truck on Dreaming Creek Road, and stopped when Barnes flashed his headlights at him.

“He told me, ‘You tell your boy don’t come to my house no more or I’ll kill him,’” Norville Megginson testified.

Less than two hours later, he learned that his son was dead. He admitted on cross-examination that he did not have hearing aids in at the time of the conversation, although he said he could hear what Barnes said.

Barnes took the stand as the defense’s only witness. He told the court that he and his cousin often hung out together, and had been drinking that day.

Barnes testified that Calvin Megginson had only pretended to slap him, and when he jerked his head back, his glasses fell off.

He also gave a different account of meeting Norville Megginson on the road later that day. Barnes testified that the elderly man said, “I don’t know what’s wrong with my son” and he replied, “One of these days, Calvin’s going to play like that and someone is going to hurt or kill him.”

Barnes said he and Calvin Megginson decided to drive to Megginson’s house, and that’s when the wreck happened. He testified that as the two vehicles climbed the hill, Megginson slowed down and Barnes started to pass him. The dune buggy shot forward and then cut in front of his pickup, Barnes said, and he hit it.

“I looked at him and I seen the blood coming from his mouth,” Barnes said. “I stood there and wished someone would come. Nobody came.”

He testified that he waited about five to 10 minutes before rushing back to his house. When he met his mother and fiancé there, he told them to drop him off at the wreck and call for help.

“I was shook up,” Barnes said. “I was sick.”

Dr. William Gorman, the state’s medical examiner, testified Megginson died of blunt force trauma to the abdomen. He had broken ribs, a severed spinal cord, and a liver laceration.

He testified that Megginson might have survived those injuries if he had received prompt medical attention.

Trooper Andrew Goss of the Virginia State Police testified that when he went to Barnes’ house in the hours after the wreck, he saw vehicle tracks leading into the woods. He found Barnes’ truck, with the damaged portion covered by brush, about 150 yards into the woods.

“I told him I found his truck and asked him if there was anything he wanted to tell me,” Goss said. “He said, ‘I hit him.’”

Barnes testified that he moved the truck because he didn’t want his dog to drink the antifreeze that was leaking from his vehicle or for his child to get cut on the broken glass.

“My client never intended to kill anyone,” Arthur said. “This was an unfair and tragic accident.”