The Hancock-Henderson Quill, Inc.

Murder Keeps Officials Busy

by Dessa Rodeffer
Quill Editor/Publisher

25 July 2001

Preliminary motions for the upcoming Henderson County murder trials are being heard before various judges in our 9th Judicial Circuit who serve Henderson County.

Circuit Judge Stephen Evans and Judge Ronald Tenold, and Associate Judge Richard Garnbrell, have already handled some of the preliminary hearings in the May 4th murder of Dwight Vice and attempted murder of his 12-year-old son Darrell Vice.

Judge Garnbrell, who sits in Henderson County Mondays and Wednesdays and Judge Tenold have done most of the hearings thus far, but Judge Stephen G. Evans of Gladstone who has heard a few of the motions, will be seated at the bench to hear the trials.

Judge Evans started as a Judge in 1975 in Henderson County as the youngest judge in the state. He now has 26 years of experience at the bench including several murder trials throughout the circuit.

Circuit Clerk Sandy Keane along with the sheriff, states attorney, have seen an increase in work. All the jury proceedings, filing of motions, keeping of exhibits, court scheduling are done by the Circuit Clerk.

"We were all talking about how the three offices really changed in the amount of work we have acquired."

States Attorney David Vancil, Jr., who is the prosecutor for the people, is in the beginning of his career as a states attorney taking office here in December of 1996.

Although he has had experience in murders as Knox County Assistant Attorney, he is experiencing his first murder investigation and trial as States Attorney here.

He has flown to Orlando, Florida this week to attend a death penalty conference and is learning all he can to do his best on this case.

Likewise, Sheriff Mark Lumbeck is experiencing his first murder as sheriff since taking office in December of 1998.

However, Sheriff Lumbeck has experienced murder investigations in his 22 years as a Sheriff's deputy under former Sheriff, the late Daryl "Pete" Thompson.

It is good to know he has that kind of experience in dealing with this case. He has learned a lot of things that he has applied in this case, he said.

It is Sheriff Lumbeck's call on how security is to be handled with the prisoners and in the courtroom and he is keeping a very tight rein on things.

As I entered the courtroom Friday, before the three accused in the murder of Vice were brought in, I and all others had to undergo a search.

Several Sheriff's officials, assisted by his auxiliary police, were at the courtroom door to do the security check and to stand guard and keep order.

After a metal detector check of each person, (similar to an airline check) a search was completed of belongings such as brief cases, bags, and purses.

People and press were instructed to quietly be seated inside the courtroom. I was instructed to sit in an assigned seat for the press which lined the front row of spectators.

Once inside, none of us were allowed to leave, nor could anyone come in after preceedings had begun.

Judge Tenold stopped from a case he was working on to tell all there was no talking in the courtroom or they would be asked to leave.

The courtroom hushed as he finished up his case with two ladies. After they left, three sets of attorneys took their seats at tables before the judge. One make-shift table had been placed in the jury box for Hoverton and council.

Then Sheriff Lumbeck and deputies brought in the accused Brian Boyd and Stephen Howerton in handcuffs, clad in bright orange.

Soon Dept. of Correction officials from the Joliet state prison, brought in John Boyd, heavily chained and handcuffed. He was clad in bright green with a large yellow "E" on his back. As he walked by his brother, Brian, he jestured a hello to him and then was seated with his attorneys.

After the hearings resulted in the delay of the DNA testings, the two defendants Brian Boyd and Stephen Howerton, were taken back to their separate cells.

John Boyd remained as his attorneys - Rehn and Norton, had filed two motions before the courts.

One motion dealt with the capitalization fund where attorneys were ordered to turn in their bills once a month to Judge Evans, who would review them, and a second motion asking that potential witnesses be banded from the courtroom during testimony.

It was denied. Judge Tenold said the public has a right to attend trials and even if they weren't there could get a transcript of the case and read it.

States Attorney Vancil said that some of the potential witnesses were Sheriff Lumbeck and deputies who were at the scene of the crime. They were needed in the courtroom during the trial for security purposes.

After motions were finished, the courtroom was cleared only after John Boyd was taken completely out of the courthouse.

The saying, "Better be safe than sorry," seemed most appropriate.

Sheriff Lumbeck said there have been threats made on the Boyd brothers and other type threats.

The Sheriff's department at present is housing 15 prisoners, not because of cases such as the vicious and insane Vice murder, but many due to the state's DUI patrols.

The accused have a constitutional right to a fair trial, and though it is long, burdensome, and costly, it is important to know that the right people are being punished for the crimes.

The burden is upon the people and the state to prove this case.

Murder trials do not come about very often in Henderson County. The last recalled is the McSparen murders in Lomax of her two sons, poisoned around 1980. McSparen hung herself in jail and spent her last days in a care center on life-support.

One of the earliest murder trials after the formation of Henderson County was one 1800 murder, written in the early county history books. A man who ran a prostitution ring from a barge and docked along side the Mississippi River had an argument with one of his prostitutes and killed her. He was later tried, convicted, and hung for his actions.

There have been other murders, some stabbings at Gulfport, gang rapes where a girl was left for dead, and various other incidents. Most murder trials the people remember because they are unusual in our small rural county.

After Colombine High School's murder rampage in Littleton, Colorado, we have learned there are no safe places or exemptions from these awful tragedies.

As long as there are confused minds, chemicals that alter thinking, hatred, bitterness, and intolerance, an unwillingness to seek the compassion of Christ and to forgive and work together, we will need to guard ourselves from the enemies.

The county officials, state police investigators, state crime labs, and now the U.S. Marshall Service have become very busy on just one case that plagues the Oquawka and Henderson County citizens.

It is hoped their work is swift to produce answers to this haunting puzzle and justice is served.