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O Neal sentenced to 55 years

Editor
Posted 11/21/08

Charles O'Neal Rural Glasgow resident Charles O'Neal was sentenced Wednesday to a total of 55 years in the Department of Corrections by Circuit Judge Scott Hayes in the Howard County Courthouse. …

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O Neal sentenced to 55 years

Posted
Charles O'Neal


Rural Glasgow resident Charles O'Neal was sentenced Wednesday to a total of 55 years in the Department of Corrections by Circuit Judge Scott Hayes in the Howard County Courthouse.

O'Neal pleaded guilty in September to second-degree murder, first-degree assault and armed criminal action in the Feb. 10, 2007, shooting death of Dawn Kelly, 37. At that time a term of 30 years in prison was agreed upon for the murder charge.

'We were hoping the sentence would be something that would keep this man off the streets where he wouldn't be a threat to anyone again,' said Mason Gebhardt, Howard County Prosecuting Attorney. All of the sentences have to be served one after the other, so Mr. O'Neal is going to be in prison a long time. I spoke with the Kelly family after the hearing and they were satisfied with the sentence. I hope they can now have closure and move on after this horrible ordeal.'

During sentencing Wednesday, defense attorneys for O'Neal argued for lesser sentences on the other two charges.
Assistant Public Defender Donald Catlett submitted letters of support, a completed General Education Diploma (GED), portions of O'Neal's testimony and other photos to Judge Hayes as proof of character. Additionally, several defense witnesses testified on O'Neal's behalf.

O'Neal's father, Mike O'Neal, delivered an emotional testimony on his son's behalf. 'He's the only boy I got,' he said. 'When I'm gone and he's gone, that's the last of the O'Neals.'

But perhaps the most damaging testimony came from state witness Jared Forbes, against whom O'Neal is charged with assault. Forbes stated that, had O'Neal not become distracted for half a second, it would have been another murder charge, rather than an assault charge.

Forbes was Kelly's fiance at the time of the murder. He was marched at gun point into the room where Kelly was murdered and fought with O'Neal for control of the rifle. During the ruckus, he suffered a laceration above his left eye.

Charles Moreland, arguing on behalf of O'Neal's defense, suggested the nature of the injury did not warrant such a hefty charge as assault in the first degree. However, Howard County prosecuting Attorney Mason Gebhardt argued Forbes' point, that the assault was intended and could easily have been a second homicide.

'He could have easily been killed,' stated Gebhardt.
Judge Hayes cited the point when sentencing was delivered. 'After consideration,' he said, 'nothing I can do will bring anybody back.'

In addition to the 30-year sentence for the charge of second-degree murder, O'Neal was given 15 years on the assault charge and 10 years on the charge of armed criminal action. All sentences are to run consecutively, totaling 55 years in the Department of Corrections.

'It was an appropriate sentence,' Gebhardt said. 'The family is content. And that's the main thing. What would have been bad is he were given concurrent time. But that didn't happen.'

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