The jury, which deliberated for nearly 5½ hours, recommended Buckman receive the death penalty for 3 of the murders — those of correctional officers Wendy Shannon and Justin Smith, and maintenance mechanic Geoffrey Howe.
They recommended he receive life in prison without the possibility of parole for the murder of Veronica Darden, who was the prison sewing plant manager where the escape attempt by Buckman and 3 other inmates began on Oct. 12, 2017.
There was no immediate explanation for the jury's decision for the life sentence for Darden's murder.
The same jury of 8 women and 4 men convicted Buckman, 36, on Oct. 19 of the 4 counts of 1st-degree murder, 1 count of attempted 1st-degree murder, 5 counts of assault with a deadly weapon with intent to kill or inflict serious injury, and 1 count each of assault with a deadly weapon, burning a public building, felony inciting to riot, and escape from a state prison.
For most North Carolina criminal offenses a judge determines a defendant's sentence following a trial. But because first-degree murder carries a possible death sentence, a separate court proceeding is required if the defendant is convicted, and it is the jury, not the judge, who determines the sentence. The jury only has 2 sentencing options during the penalty phase of the trial: the death penalty or life in prison without the possibility of parole, and their decision must be unanimous.
During what is essentially a 2nd trial, prosecutors present evidence to show jurors there were aggravating factors involved in the murder that require it to be punished with the death penalty. The defendant's defense attorneys present evidence to show there were mitigating factors that argue in favor of a sentence of life in prison without parole.
Buckman sat quietly at the defense table with his legal team of Christine A. Malumphy, Matthew C. Geoffrion and Raymond Tarleton as Superior Court Judge Jerry Tillett read the jury's recommendation and then polled each juror individually to confirm their recommendation.
After thanking jurors for their service and releasing them from the courtroom, Tillett instructed Buckman to stand. He then sentenced the prison inmate to life imprisonment in the N.C. Department of Adult Correction without parole for Darden's murder and death by execution by the N.C. Department of Public Safety for the murders of Shannon, Smith and Howe.
After consulting a structured sentencing law chart, Tillett then sentenced Buckman to a minimum prison sentence of 546 months — 45½ years — and a maximum prison term of 708 months — 59 years — for the other 10 felony charges. That sentence will run consecutively with his life sentence.
As Buckman was escorted out of the courtroom by several prison officers, his defense team advised Tillett that they intend to appeal his conviction and sentence.
Following Buckman's departure, Tillett removed the stay on his contempt order for Geoffrion, one of Buckman's attorneys, and instructed the court bailiff to take him into immediate custody. Geoffrion said he was appealing Tillett's contempt order and asked for an appeal bond, which under North Carolina law must be decided by a Superior Court judge different from the one who imposed the confinement.
After the verdict, family members of those either killed or injured in the 2017 prison escape attempt gathered outside the courtroom and were observed consoling one another.
Assistant District Attorneys Kim Pellini and Alexis Massengill, who prosecuted the case, declined to comment on either the verdict or Buckman's sentence.
Buckman is the second prison inmate sentenced to death for the prison murders at Pasquotank Correctional Institution on Oct. 12, 2017. Mikel Edward Brady II was also convicted in 2019 of the 4 murders and sentenced to death. Two other inmates who participated in the escape attempt, Jonathan Monk and Seth Frazier, are still awaiting trial.
Even though capital punishment is a legal penalty in North Carolina, there have been no executions in the state since 2006.
Source: The Daily Advance, Staff, November 3, 2023
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