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Last two arraigned in Lincoln murders

October 26, 2008|TODD KLEFFMAN

STANFORD - The last two suspects in the 2002 shooting deaths of Bo Upton and Ryan Shangraw were arraigned Friday in Lincoln Circuit Court, bringing the total number charged in the case to five.

Neccolus L. Mundy, 26, and Charles E. Smith, 26, both of Richmond, pleaded not guilty to two counts each of murder, attempted murder, first-degree robbery and first-degree burglary.

Commonwealth's Attorney Eddy Montgomery said he will seek the death penalty for both men.

Mundy and Smith join three other Richmond men - Jamarkos Campbell, Deonte Simmons and Matthew Tolson - charged in the deaths of Shangraw and Upton, who were gunned down inside Shangraw's trailer near Hubble in February 2002. Two teenage girls in the trailer were wounded in the attack.

Tolson, 24, pleaded guilty last month to two counts of criminal facilitation to commit murder, criminal facilitation to commit robbery and criminal facilitation to commit burglary. His recommended sentence is five years in prison on each count for a total of 20 years.

Tolson's sentencing postponed

Tolson was supposed to be formally sentenced Friday, but Judge Jeffrey Burdette delayed that indefinitely at Montgomery's request. The prosecutor argued that the sentencing should be postponed to ensure that Tolson would testify against the other four defendants as was agreed in last month's plea bargain.

"We already have a signed agreement, so I don't think that's valid," said Londa Adkins, Tolson's attorney.

Adkins was anxious to get her client out of the Lincoln County Regional Jail and to begin serving his sentence in a state prison. That became even more important Friday with Mundy being transferred to Lincoln County from Madison County, where he was arrested on Thursday.

"I don't want him around any of the co-defendants. They need to be separate until everything is settled," Adkins said.

After a meeting in Burdette's chambers, it was agreed that Tolson would remain, at least temporarily, in the Lincoln jail. Mundy was transported to another jail, Lincoln Sheriff Curt Folger said, declining to identify the facility.

Smith, Campbell and Simmons are serving time for unrelated drug crimes at other institutions around the state.

The next hearing in the case is scheduled for Nov. 25, with a trial date tentatively set for April.

Simmons also faces capital punishment. Campbell was a juvenile when the murders were committed and cannot face the death penalty under Kentucky law.

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