Campbell was a juvenile when the murders were committed more than seven years ago, and the jury recommended the maximum penalty in Kentucky for a juvenile - 25 years in prison without a parole hearing. Mundy, Simmons and Smith were adults and could face capital punishment if convicted.
Testimony during Campbell's trial laid out much of the evidence that prosecutors will use against the other three defendants. A fifth defendant in the case, Matthew Tolson, pleaded guilty earlier to conspiracy to commit murder and agreed to testify against the other four in exchange for a 20-year prison sentence
Tolson said he, Campbell and Simmons went inside Shangraw's trailer to steal cocaine. Campbell was carrying an assault rifle and shot Shangraw in the back and fired other rounds inside the trailer. Simmons then opened fire with a handgun at a couch where Upton and two girls were seated, Tolson said.
Mundy, who planned the robbery, and Smith, who drove a rented car from Richmond, remained outside during the attack, Tolson said. Mundy fired shots into the trailer from the outside as the suspects were fleeing, Tolson testified.
Question of culpability
Adam Zeroogian, one of Smith's attorneys, argued Monday that Smith should not face the death penalty because he was less culpable in the murders.
"Mr. Smith never left the car, never discharged a weapon," Zeroogian said. "He didn't do anything to actually kill these individuals."
Commonwealth's Attorney Eddy Montgomery countered that all of the Richmond men knew they were going to Hubble to steal the cocaine, a felony, and that all are equally responsible under the law for the deaths, even if that was not part of the plan and even if they didn't fire a shot.
Simmons' attorneys made similar arguments. Burdette said he will study the matter further, but at this time is leaning to not exclude the death penalty.
Things got a little heated when Barbara Carnes, one of Simmons' attorneys, was arguing that the trial should be moved from Lincoln County.
Burdette stopped Carnes because Simmons had not signed off on the motion to change venues. When Carnes tried to continue, Burdette snapped, "Motion overruled. It's not verified," and sent Carnes away from the bench. When she tried to continue her argument from the defense table, Burdette called her down again.
All three defendants have asked for their trial or trials to be moved out of Lincoln County on grounds that media coverage of the murders and Campbell's trial have created an atmosphere that will make it difficult to find impartial jurors and for them to receive a fair trial.
Two local reporters and Upton's mother were subpoenaed to testify Monday, but three Lincoln residents who signed affidavits stating they believe the defendants could not receive a fair trial locally were not present Monday, so Burdette rescheduled the change of venue hearing for July 8.
At that hearing, the judge also could issue his rulings on whether the three men will be tried together or separately and if any of the trials can go forward as scheduled on July 20.
