The woman accused of firing a weapon at ATV and UTV riders on her property in February has been found guilty in Marshall County Circuit Court.
After a two-day trial and several hours of deliberation, a jury returned a conviction late Wednesday night on Bonita Walker, 56, of Fairdealing to one felony count of first-degree wanton endangerment, four misdemeanor counts of second-degree wanton endangerment and two misdemeanor counts of third-degree criminal mischief.
The jury recommended Walker serve a one-year total sentence: one year on the felony charge, and 60 days on each misdemeanor wanton endangerment charge, to run concurrently.
As a convicted felon, Walker may never own or possess a firearm; similarly, her spouse or anyone living with her may not keep their firearms in the same home as that which she resides. A wanton endangerment conviction is not eligible to expunge at a later time to reinstate that right, according to Commonwealth’s Attorney Mark Blankenship.
Walker is scheduled to be sentenced Jan. 9 in Marshall County Circuit Court. Judge Jamie Jameson may take jury recommendation into consideration but will determine final sentencing. Walker will face a maximum sentence of one year, as suspects convicted of felony and misdemeanor charges within the same case must serve those sentences concurrently, according to defense attorney Mark Ashburn.
While not an acquittal, it could have been worse for the defense. Walker initially faced five charges of first-degree wanton endangerment and two charges of second-degree criminal mischief.
“You’re never happy when … it’s sort of one-sided, because the people who are trespassing admitted to a crime but were never charged with it,” Ashburn said. “And the officer that testified, testified that there’s just too much of it for them to actually prosecute.
“I think we had a jury that was very involved and deliberate in their decision making, and I would thank them for that deliberation,” Ashburn added.
The defense has a right to appeal the decision after sentencing.
The conviction was the result of an incident that occurred on Feb. 19 near Salem Chapel Road after Walker fired shots as ATV and UTV riders police said had inadvertently crossed onto her property. Walker did not give consent for riders to enter her property and had previously reported to the Marshall County Sheriff’s Department problems with riders trespassing onto the property.
Walker fired warning shots to stop an ATV, driven by owner Cody Pratt, and a UTV driven by Travis Miller, Jessica Manley and their two small children. Walker reportedly gave riders the opportunity to leave the premises on the condition that they leave their vehicles behind. Pratt sped off, and Walker reportedly held Miller, Manley and their children in the field at gunpoint until sheriff’s deputies arrived on scene. Police say she fired shots at the tire, gas tank and engine of Pratt’s ATV while he was on it and also at the front of the UTV during the course of the incident.
MCSD reports said one shot missed riders by 2 inches.
Walker testified on Wednesday, however, that she never pointed her firearm directly at anyone, and had only fired shots at the vehicles from close range because she feared for her life and safety and that of her husband and grandchildren, who were cutting wood nearby.
Walker testified that she gave riders the option to leave and would have their vehicles towed, which they declined. She said she “scuffled” with Pratt for the keys to his ATV, at which time she feared she would be run over by the vehicle and shot his tire and engine.
“The ATV pushed me, and I didn’t know whether I was going to go under it, whether I was going to be run over it, whether I was going to go over the top of it,” Walker said. “And I didn’t want to die, and I didn’t want to be injured, and I knew my grandchildren were just right there, and my husband was just right there. But I didn’t want to hurt anybody.”
Blankenship questioned Walker’s actions in cross-examination, however. Blankenship walked through the situation, where in Walker first had an altercation with Pratt, in which she fired at his tire and shot the engine before he drove away.
“Then you proceed over to the other vehicle … where you acknowledge you saw children,” Blankenship said.
“Yes, sir.”
“So you’re firing a weapon, so far, with little children about, what? 10, 15 feet away?” Blankenship said.
“I acknowledged there were children in the vehicle, and I made sure that the way I fired my weapon was where they were not at risk,” Walker said.
“You shot into a metal machine,” Blankenship said. “… What we’re talking about is the potential of a ricochet that could have literally hit those people that were there.”
Walker denied the possibility. Walker also testified that unknown riders had previously fired shots at her on her property, poached animals, vandalized and stolen. Walker, in cross examination, admitted that she had not directly seen anyone fire at her but had heard the ATVs and heard the shots.
Listen to Walker’s full testimony here.
It was a trial that almost didn’t happen. Blankenship and Ashburn came to a plea agreement in June, wherein Walker would take an Alford plea in exchange for a five-year probationary sentence, with the first three years diverted. An Alford plea is a form of guilty plea in which the defendant does not admit to any wrongdoing but acknowledges that enough evidence exists that could result in a conviction. Walker withdrew that plea; however, Jameson said he had determined he would not accept it regardless.