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He told Miss Williams that he planned on killing her and himself. Williams came out of the house as they returned, and Miss Williams broke free from Barnette and went with her mother toward the house. He fired the first shot from 10 to 12 feet away, hitting Miss Williams in the side. The second shot, fired from four to five feet away, hit her in the back. Williams was close enough to her daughter to touch her. Barnette left the scene of the murder in Allen's car, driving to Knoxville, Tennessee where he stole new license plates for the car. Instead, the Court adopted the standard that the government could not challenge the juror for cause unless his views on capital punishment “would prevent or substantially impair the performance of his duties as a juror in accordance with his oath.” Witt, 469 U. After Barnette's arrest, the United States asserted jurisdiction over the case and indicted him on 11 counts stemming from the murders and firebombing. In Witherspoon, the Court held that a death sentence would be invalid if the jury that found it had been chosen by excluding veniremen for cause who voiced general, conscientious, or religious objections to the death penalty. The government served its notice of consideration for the death penalty on August 7, 1997, and the guilt phase of the trial began on January 21, 1998. He sawed off the stock and barrel of the new gun and taped a flashlight to its barrel. On June 21, 1996, Barnette took the gun and walked from his mother's house to the nearby intersection of Billy Graham Parkway and Morris Field Road. A neighbor, Sonji Hill, was standing in her doorway, calling the police, when Barnette ran by.
He then attempted to enter the home though the side kitchen door, but after finding that it was locked, he fired the shotgun into the door and kicked it in. Williams was inside the house holding her eight-month-old grand-daughter when Barnette entered the house. Williams told Miss Williams to run, and Miss Williams ran out the front door. Williams, and followed Miss Williams out the front door, chasing her across the street. Miss Hill hung up the phone and retreated into her apartment, where she called the police again. Miss Williams fell down as she was running away from Barnette, and he caught up with her, grabbed her by the hair, and dragged her back to her mother's house. Laughrun, II, Goodman, Carr, Nixon, Laughrun & Levine, Charlotte, North Carolina, for Appellant. Conrad, Jr., Assistant United States Attorney, Thomas G. § 2119(3); and use of a firearm while violating the Interstate Domestic Violence Act that results in death, 18 U. The break-up was not amicable, however, and Barnette continued to attempt to resume their relationship. Barnette presents 11 grounds for appeal before this court, alleging errors in the guilt and sentencing phases of the trial. Barnette then left the apartment they shared in Roanoke and returned to Charlotte, North Carolina, where he lived in his mother's house.
Greene looked out of the window and saw Barnette smashing the windows of Greene's car with a baseball bat.