Court report
Published 12:00 am Saturday, October 31, 2009
Convicted bank robber Kevin Dale McCain on Friday was sentenced to life in prison by Circuit Judge Isadore Patrick.
McCain, 50, of Petal, was tried in Warren County Circuit Court and found guilty by a jury Sept. 15 of robbing the Halls Ferry branch of Trustmark Bank in January 2008.
His sentencing had been delayed after District Attorney Ricky Smith asked Patrick to sentence McCain as a habitual offender. McCain had been convicted at least four other times for bank robberies from February 2003 to August 2007 and served time at a federal penitentiary, Assistant District Attorney Lane Campbell told the court.
Eugene Perrier, McCain’s attorney, argued Friday that the documentation of McCain’s previous incarceration was not certified by federal corrections authorities and therefore not admissible as evidence that his record warranted the habitual offender designation.
Campbell cited Mississippi case precedent that allowed the document to support the prosecution’s motion.
Campbell’s argument prevailed.
McCain showed no response as he heard the sentence.
After, he conferred briefly with Perrier before sheriff’s deputies led him out of the courtroom to the jail.
Perrier said the case will be appealed. “He should not have been sentenced as a habitual offender,” he said. “Certified documents were not provided.”
If not sentenced as a habitual offender, McCain faced up to 15 years in prison. He also faced outstanding bank robbery charges in Texas and Louisiana.
Also in Warren County Circuit Court for the week ending Friday:
• Tressa Banks, 28, 132 N. Denver St., pleaded guilty to felony malicious mischief and was sentenced by Circuit Judge M. James Chaney to three years of probation plus $5,872.97 in restitution, fines and court costs. Banks was arrested Aug. 24, 2007.
• Perry L. Moore, 27, 1306 Fayette St., pleaded guilty to sale of a controlled substance and was sentenced by Chaney to 10 years in prison followed by five years of probation, plus fines and court costs totaling $5,322.50. Moore was arrested Nov. 28, 2007.
• Crystal Scott, 29, 600 Willis Road, Rolling Fork, pleaded guilty to possession of precursor substances and was sentenced by Chaney to the Ninth Circuit Court Drug Court Program for a period not to exceed five years, plus restitution, fines and costs totaling $5,491.32. Scott was arrested Dec. 7.
• David Allen Yearwood, 36, 4718 U.S. 80 West, pleaded guilty to possession of precursor substances and was sentenced by Chaney to Drug Court for a period not to exceed five years, plus $5,122.50 in fines and costs. Yearwood was arrested Dec. 7.