Barrett appears in crowded courtroom, ordered held without bond
SALLISAW, Okla. (AP) -- The man accused of killing Oklahoma<br>Highway Patrol Trooper David W. "Rocky" Eales has been ordered<br>held without bond pending his preliminary hearing in December.<br> <br>Kenneth
Thursday, September 30th 1999, 12:00 am
By: News On 6
SALLISAW, Okla. (AP) -- The man accused of killing Oklahoma Highway Patrol Trooper David W. "Rocky" Eales has been ordered held without bond pending his preliminary hearing in December.
Kenneth Eugene Barrett, 38, of Sallisaw made his initial court appearance Wednesday in a small Sequoyah County courtroom filled with law enforcement officers About 60 troopers as well as Eales' widow, Kelli, and his partners on a tactical team attended the court session.
Special District Judge Dennis Sprouse ordered Barrett held and set a Dec. 6-7 preliminary hearing date.
Barrett is accused of first-degree murder in Friday's death of Eales, who was part of a 10-member tactical team going in to serve a search warrant for methamphetamines at Barrett's small home just west of Sallisaw. The troopers were also serving a warrant for Barrett's arrest for failing to appear for a jury trial on a charge of unlawful delivery of a controlled drug.
Barrett also is charged with three counts of shooting with intent to kill for shots fired at three other troopers. Trooper John "Buddy" Hamilton was wounded.
Hamilton attended the arraignment along with other members of the tactical team and Mrs. Eales. They sat in the courtroom's empty jury box.
District Attorney Dianne Barker Harrold has told the court she will seek the death penalty. She also is studying whether additional charges should be filed.
Barrett, who was wounded by a trooper returning fire, remained silent during the court appearance. He answered "Yes sir" when Sprouse asked if he understood his rights.
Barrett was represented by Silas Lyman of the Oklahoma Indigent Defense System.
Barrett's 18-year-old son, Toby, has been released from custody pending further investigation. He was found outside the home following the shooting.
Members of Barrett's family also attended the hearing. Barrett's brother, Ricky, was angry. He said his brother long suffered from psychiatric problems and was addicted to methamphetamine. He said police fired the first shots and that his brother returned fire.
Kenneth Barrett told Oklahoma State Bureau of Investigators that he returned fire after he was shot at.
Authorities have said Eales and Hamilton were fired upon as they pulled up to the house and may have been hit before they were even able to get out of their vehicle.
The district attorney said she is waiting for results from ballistics tests and crime scene reports before looking into the possibility of amending charges against Barrett to reflect possible actions against the rest of the troopers.
The Drug Enforcement Agency continues to process information and evidence gathered by the search warrant that authorities attempted to carry out.
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