Sunday, October 1, 2006

Cracking the case

By Donna Swicegood

Iredell County Sheriff Phil Redmond received two pieces of news he'd been waiting to hear within a matter of minutes on July 25.

One was that his wife Prissy's cancer surgery was a success and the other was that forensic evidence had linked a suspect to two sets of unsolved double homicides.

Thirty minutes later, sheriff's deputies arrested Barbara Evans, 65, in connection with the murders of James and Delet Powell and and Don and Sue Barker.

For months, the two murder cases had been practically all-consuming for Redmond, who knew both couples personally, and for his detectives, who spent countless hours pouring over bank records, talking with hundreds of people who knew the couples and fielding thousands of phone calls about the cases.

Few leads surface

Little did the sheriff or his detectives realize how this case would dominate their lives when the first call came in on Jan. 21, 2005.

Reponda Smith stopped by her parents home in Union Grove around 9:30 a.m. She couldn't get inside. When she looked in through a window she spotted blood and called 911.

Deputies found her parents - the Powells - inside, both dead from gunshot wounds. Right away, detectives knew solving this case would be difficult, Redmond said.

James Powell, an avid car restorer and former convenience store operator, ahd a wide circle of friends and acquaintances that extended beyond the borders of North Carolina.

Twelve hours at the crime scene was just the start, said Lt. Roger McDaniels, one of several detectives who worked on the two cases.

In the day following the Powell murders, interviews were donducted and at least five people were given polygraph tests, McDaniels said.

That included family members, such as Reponda and her husband Kenny.

As days stretched into weeks, the investigation continued to grind on, Lt. Stanley Watkins said.

On a cold night a week after the murders, deputies stopped cars in front of the Powells' home, hoping someone noticed something unusual the Thursday before.

More of the Powells' acquaintances were interviewed. One of those acquaintances was a woman named Barbara Evans, whose late husband knew James Powell, according to the sheriff.

The State Bureau of Investigation sent agents to help.

"There were numerous leads. Folks were constantly calling in," Redmond said. "The detectives were checking out leads constantly."

But none of those clues gave detectives what they needed to make an arrest or even focus the investigation on one person.

An eerily similar scene

Detectives were still working round-the-clock on the Powell case when tragedy struck again - on Sept. 16, 2005.

The scene was eerily similar to the one nearly nine months earlier.

A call came in just around 7 a.m. that day.

George Mooe, an employee at Barker's Grocery, had gone to the home of Don and Sue Barker.

Like Reponda Smith a few months earlier, Mooe sensed something was wrong that morning. He couldn't see inside the house, and couldn't get either Don or Sue Barker to open the door.

After getting a relative, he came back to the house. By then it was daylight. He saw Don Barker laying inside the house. He called 911.

The scene was reminiscent of the one in Union Grove, with the same cast of detectives and crime scene investigators.

A canine officer, Travis Ward, took his bloodhound around the area but came up with nothing.

Contrary to popular rumor, the bloodhound did not lead Ward to Evans' house, which was less than two miles from the Barker home, Redmond said.

McDaniels said the bloodhound was used more to determine if the suspect may have dropped something leaving the scene.

"It was more of an article search," he said.

McDaniels and Watkins said they noted the similarities in the two cases right away, but did not have any solid evidence connecting the two.

The process that began in the Powell murders repeated itself.

Family members were also investigated, but eliminated, Redmond said.

He said family members in both cases were cooperative and understood the need to focus on them initially.

"In both of these cases, these families were very understanding of what it took to solve the case. They undserstood the procedures and why we had to do what we did," he said.

Both of the adult children in these cases - Reponda Smith and Allen Barker - endured gossip that they were somehow involved, Redmond said.

Like Powell, Barker had a wide circle of friends and acquaintances. His grocery store on Turnersburg Highway at Houpe Road had long been a popular gathering spot.

The Barkers were known throughout the ocmmunity for their generosity and involvement.

As detectives pursued the two cases as separate crimes, they submitted ballistics information to be processed.

Ballistics test points to single weapon

That ballistics evidence provided the link they had been waiting for, Redmond said.

About one month after the Barkers were killed, the lab confirmed the same weapon was used in all four deaths.

The SBI, which had been helping on the Powell case, sent more people to assist with what was suddenly a quadruple murder investigation. Watkins, who attended an FBI training school at Quantico, Va., used his contacts to engage the services of the Behavioral Analysis Unit to do a profile.

Scott Hartley of the N.C. Justice Academy lent his expertise on interviewing and examining statements, Watkins said.

Evidence points to Evans

Now detectives began looking for connections between the two couples, Watkins said.

During the next 10 months, anyone linked to both couples was looked at with extra scrutiny.

Again, Evans name popped up in the investigation, Redmond said. She was a frequent visitor to Barker's Grocery, and had even put money in a jar that was used to collect donations for the reward fund.

As the investigation continued, those linked to both cases were eliminated one by one.

Eventually, everything focused on Evans, Redmond said.

Authorities searched her home in the days before the arrest, and according to Redmond, found weapons possibly linked to the case.

Long investigation yields arrest

The phone call he got on July 25, while at the hospital awaiting news on his wife, confirmed a ballistics match.

The district attorney's office, which had worked with detectives on the case since its early stages, gave the go-ahead for arrest warrants.

Redmond said neither he nor his detectives can comment on the exact evidence found in the case as it is now in the hands of the district attorney's office.

The case is now winding its way through what promises to be a long period of pre-trial motions and hearings.

Mark Rabil, who was appointed to represent Evans through the Indigent Defense Fund, said the next step in the legal process is a Rule 24 hearing scheduled for Nov. 27.

At the Rule 24 hearing, the district attorney will present evidence to determine if the death penalty can be sought in this case.

Rebil said now he is waiting to get a look at the more than 5,000-page case file presented to the district attorney.

"We have some of it," he said Friday.

For now, Evans remains in the Women's Correctional Center in Raleigh, where she's being held without bond.

The trial is likely to be at least two years away.

Despite claims that the timing of the arrest was motivated by the upcoming eleciton, Redmond said, it came as soon as the evidence was presented to the district attorney's office.

"The sheriff's office does not issue warrants. We present the case to a judicial official (magitrate, judge or district attorney) and the state of North Carolina issues warrants," he said.

Redmond said he's proud of the work his detectives and deputies turned in on this case.

"They kept plugging and plugging," he said.

All the nights, weekends and canceled days off were worth it, Redmond said. That point was driven home, he said, on graduation night when the Barkers' great-niece, Meredith Haynes, spoke about Don and Sue during her salutatory address to her North Iredell High School classmates.

"Hearing her talk, seeing how she felt, seeing the loss, it made it all worthwhile," Redmond said.

Wednesday, September 6, 2006

Evans makes first court appearance

By Mandy Zatynski

A Statesville woman facing four charges of first-degree murder made her first appearance in Iredell County Superior Court on Tuesday.

Barbara Evans, 65, is charged in connection with the Jan. 21, 2005, shooting deaths of James and Delet Powell and the Sept. 16, 2005, deaths of Don and Sue Barker.

Superior Court Judge Mark Klass scheduled a Rule 24 conference for Nov. 27. At the conference, the judge will decide if the prosecutors can seek the death penalty.

Evans did not speak during her brief appearance. She sat emotionless next to Mark Rabil, an assistant capital defender who is representing her, in a swivel chair that hid most of her small frame.

At the request of the Iredell County Sheriff's Office, Assistant District Attorney Mikko Red Arrow asked the judge to transfer Evans to a state prison in Raleigh.

Red Arrow said Evans regularly take a "lengthy list of medications," and officials are concerned that county resources will not be adequate.

He added that officials are also worried about "attraction from other inmates" although there is not a "safety concern yet."

Klass delayed the move for about three weeks, after Rabil requested that Evans stay in Iredell County while he prepares her case.

Also, Rabil requested copies of search warrants related to Evans' case, which are sealed until Dec. 8.

Rabil said he is still waiting to receive copies of the prosecution's evidence as well.

Red Arrow said he has run into problems copying the 5,000 to 6,000 pages of evidence and agreed to try to deliver it by Sept. 15.

Thursday, August 10, 2006

Evidence delivered

By Donna Swicegood

A dozen large notebooks, containing the case files from two double murder cases were handed over to the district attorney's office Wednesday afternoon.

The notebooks contain interviews, crime scene and lab reports, investigators' notes and photographs related to the murder of James and Delet Powell of Union Grove and Don and Sue Barker of Statesville.

Detective Sgts. Andy Poteat and Bill Hamby of the Iredell County Sheriff's Office said hte notebooks contained more than 5,300 pages of documents, representing more than 700 interviews in the two cases.

Sheriff Phil Redmond and Poteat delivered the handtruck of files to Jamie Sparks of the district attorney's office for use in the prosecution of Barbara Ann Evans, 65, of Statesville.

Evans was indicted earlier this week by an Iredell County grand jury on four counts of first-degree murder. She is being held in the Iredell County Jail.

Sunday, August 6, 2006

Evans indicted in couples' deaths

By Donna Swicegood

A woman charged with murdering two elderly couples last year was indicted by an Iredell County grand jury Monday.

The grand jury returned indictments on four counts of first-degree murder against Barbara Ann Evans, 65, of Jennings Road, on Monday afternoon.

Evans' court-appointed attorney, Mark Rabil, said he was not surprised by the indictments.

"Indictments are never a surprise. They're basically rubber stamps for the police investigations," he said.

The grand jury process consists of detectives and a prosecutor presenting a brief synopsis of the case to 18 citizens chosen to serve on the grand jury.

The grand jury then decides to issue a true bill of indictment or no true bill. A true bill means enough evidence was presented to allow the case to proceed to Superior Court.

Neither the defendant nor their attorney appears before the grand jury.

Rabil said the indictments do not change his client's assertion that she is innocent of the charges.

"This doesn't change anything," he said.

Sunday, July 30, 2006

Barker reward donors will use funds in tribute

By Donna Swicegood

During hte months after the deaths of Don and Sue Barker, many people tossed in loose bills, coins and checks to contribute to a reward fund aimed at helping find their killer.

With the announcement this week of an arrest and the likelihood that reward money would not be paid, those who organized the reward effort are looking for a way to use the money and pay tribute to the Barkers at the same time.

Money to be used for a reward was also offered in the case of James and Delet Powell, who were shot to death eight months before the Barkers.

The deaths of both couples were linked to a single weapon.

Barbara Ann Evans, 65, of 138 Jennings Road, was arrested Tuesday evening on four counts of first-degree murder.

Some $10,000 of the $15,000 offered in the Powells' case came from the Governor's Reward fund. That money will go back to the state, Sheriff Phil Redmond said.

In the case of the Barkers, more than $42,000 had been raised through donations to a jar at the store Don Barker ran on Turnersburg Highway and from gifts from individuals.

Robert Taylor, who has operated Barker's Grocery since Don Barker's death in September, said he and the Barkers' relatives are looking at donating the money to a charity.

Saturday, July 29, 2006

Sheriff: Murder weapon found

By Donna Swicegood

Iredell County Sheriff Phil Redmond said Friday that the weapon used to kill two couples last year was found in the home of the woman arrested earlier this week.

Barbara Ann Evans, 65, of 138 Jennings Road, has been charged with four counts of first-degree murder and is being held in the Iredell County Detention Center without bond.

She is charged with the September 2005 deaths of Don and Sue Barker and the January 2005 deaths of James and Delet Powell.

Redmond said Friday the weapon was found during a search of Evans' home on Monday. That search warrant remains sealed by the court, he said.

The case against Evans is expected to be presented to an Iredell County grand jury on Aug. 7 during a session of Iredell County Superior Court.

If the grand jury returns a true bill of indictment, Evans will be bound over for trial in Superior Court.

Winston-Salem attorney S. Mark Rabil has been appointed to represent Evans through the Office of Indigent Defense Services.

Rabil gained fame for representing Darryl Hunt, who served 18 years for the murder of Harmony native Deborah Brotherton Sykes in Winston-Salem before being freed after DNA linked the crime to another man.

Rabil represented Hunt for 20 years through three trials, appeals and other procedures.

The attorney said Friday that he has met with Evans, and she maintains that she is innocent of the charges.

"She's 65 years old with no history of violence. Her family and friends are shocked. It doesn't make any sense," he said.

He called the case one of the most unusual ones he's defended in his law practice, which dates back to 1980.

"I don't think I've ever had a murder case with a defendant of that age and a woman with absolutely no criminal record," he said. "It's very unusual."

He said Evans was shocked by the charges. "She's very distraught. She's anxious to get out of there (jail)," he said.

Rabil said he hasn't seen what evidence the state used to get the murder warrant. He said his client has a copy of the court order that seals a search warrant of her home.

A judge ordered that warrant to remain sealed until Dec. 8, he said.

Rabil said he hasn't made any decisions about how he plans to defend Evans or the possibility of moving the trial out of Iredell County due to pre-trial publicity.

"That's a decision we'll make closer to the trial," he said.

Garry Frank, the district attorney for Iredell County, said earlier this week that he expects Evans could receive a fair trial in Iredell County.

"I know of no reason why not," he said. "But it's something we'll have to deal with as the case develops."

Frank also said he hasn't made a decision yet about seeking the death penalty, although he said the case qualifies for capital punishment.

Rabil said he anticipates that the trial won't take place for at least a year, possibly two.

Friday, July 28, 2006

DA: Death penalty may be pursued

Clad in a black-and-white striped prison uniform, the woman accused of two double slayings made her first appearance in court Wednesday afternoon.

For the full story, click here.

Who is Barbara Ann Evans?

Months after Don and Sue Barker had been killed in their Whites Farm home, Barbara Ann Evans would show up at the grocery that still carries their name. She would buy cigarettes, gasoline and a newspaper, according to a man who works at the store.

For the full story, click here.

Thursday, July 27, 2006

Report: Evans transferred land

By Jonathan Austin

Long after detectives first focused on Barbara Ann Evans in the Powell-Barker case, county records show she gained sole ownership of her home and property on Jennings Road and then deeded it to a daughter.

Evans has been a focus in the investigation since nearly the beginning, Iredell Sheriff Phil Redmond said Tuesday, and in the months leading up to her arrest, at least one person who knew her said she felt detectives were harrassing her.

She transferred ownership of the real estate to Ronda Baker Jones, records show.

The property, several lots located between Jennings Road and Ebenezer School, had belonged to Willie Sharpe Evans when he married Barbara Ann Baker in 2000.

On Feb. 4, 2002, records show he signed a warranty deed giving her joint ownership, and the next day they both signed a "gift deed" assigning the property to his daughter, who agreed to provide "all necessary care for her father" if he survived his spouse.

Later that year he died.

The deed specified that "Barbara Baker Evans shall be allowed to reside in the subject property" for the remainder of her life.

Late last year, Evans gained sole ownership of the property when her late husband's daughter and her husband signed the property over to her.

No excise tax was paid for the transfer.

Then, in early March, Evans deeded the property to her daughter Ronda, who was listed as living in Nebo.

No excise tax was paid on that transaction.

Tax records showed Wednesday that property taxes of $310.89 were not paid on the property in 2004, and the same amount is due for the year 2005.

With penalties and interest, the tax due now totals $831.60.

On Wednesday, an official with the Iredell County Tax Office said he was preparing a bill to send the new owner for the past due taxes.

Wednesday, July 26, 2006

Evans charged with four counts of murder

By Donna Swicegood

After more than 700 interviews and hundreds of hours of investigation, Iredlel County Sheriff Phil Redmond announced Tuesday that an arrest had been made in the two double homicide cases from 2005.

Barbara Ann Evans, 65, of 138 Jennings Road, has been charged with four counts of murer.

The charges stem from the Jan. 21, 2005, shooting deaths of James and Delet Powell and the Sept. 16, 2005, deaths of Don and Sue Barker.

Both couples were killed in their homes - the Powells in Union Grove and the Barkers on White's Farm Road.

Reponda Smith, the daughter and only child of the Powells, has been waiting more than a year for this news.

"It really came out of nowhere," she said. "Here I was picking up my kids' toys and I get a call from the sheriff's office."

"I feel safer. I'm not afraid that somebody will come in and kill me and my kids."

Smith said she's also happy to see an arrest because she and her husband, Kenny, dealth with rumors that they were involved. The Barkers' son, Allen, also faced similar rumors.

"That really hurt," said Smith, who lived next door to her parents at the time of their deaths but has since moved away. "We felt betrayed."

Smith and Lowell Harmon, who is married to Sue Barker's sister, Shirley, said Evans was known to their slain relatives.

"Her husband was a good friend of my dad's, and I'm sure she's been at their house," Harmon said.

Harmon said Evans was one of the many customers who stopped into Barker's Grocery, the store owned by Don Barker, on U.S. Highway 21.

"She stopped up at the store al lthe time, and Don cashed her checks for her," he said.

Redmond said he couldn't elaborate on exactly what led to Evans' arrest, but did say forensic evidence played a major role. The state crime lab determined that the same gun was used in all the slayings.

"Forensices have been a big tool in this case," the sheriff said, adding that Evans had been a focus of the investigation since nearly the beginning.

Harmon said his family was told that Evans had been under surveillance for some time and was the only person detectives could place at both scenes.

Redmond said this has been one of the most intensive investigations in the history of the sheriff's office. Detective Sgts. Andy Poteat, Bill Hamby and Kim Isenhower, along with several other detectives and uniformed personnel, logged many hours on the case, said Capt. Jimmy Craven, head of the investigations division.

"They took time away from their families to work this case. We didn't take it lightly," he said. "I'm proud of the effort put into solving these cases."

Communities celebrate arrest

By Jonathan Austin and Chyna Broadnax

When Union Grove neighbors heard Tuesday that an arrest had been made in connection with the gunshot slayings of two well-known couples, reactions were either subdued relief or explosing exultation.

"I just wanted to live long enough to know who was responsible for this tragedy and why," said Allen Styers, who lived next door to James and Delet Powell and thinks he heard a car drive away on the January night they were shot to death.

"In my heart, I have always felt like I heard the vehicle leave the house, and I reported that to the sheriff's office," he said.

Styers was stunned when he heard the news on Tuesday, rushing to read a news statement that had been released by the sheriff's office.

He said he also knew Dona nd Sue Barker, who were gunned down in the kitchen of their White's Farm Road home last September.

'A big relief'

Bill Hayes works at Barker's Grocery and considered the Barkers to be good friends.

He said the sheriff's office told him about the arrest on Tuesday afternoon.

"I lost my two best friends, and it's a big relief," he said.

hayes - who said he has long suspected that the killer was someone close to the family - said Evans came in the store just a few days ago.

"We always thought it was somebody" they knew, he said. "Otherwise they wouldn't have let them in the house."

Relatives confirmed Tuesday that they victimes knew the suspect.

Barker had owned the convenience store for 42 years. Friends say he was beloved throughout the community.

"It's something you think of every day," Hayes said. "Why would somebody kill a man who would give the shirt off his back?"

'Been on edge'

Harold and Marie Smith of Union Grove wre stunned with the news of the arrest, which they heard while eating dinner at the Sunshine Diner on N.C. 901, just a short distance from the Powells' home.

"We've all been on edge," Harold said.

His wife, who said she was a first cousin to Delet Powell, shook her head in agreement. "I'm relieved," she finally said.

The slayings, which rocked rural Iredell County like few crimes before, forced long-time residents to question how the killer of ofur retirement-aged people could live in their midst.

"We lock the doors now," Harold Smith said. "We didn't used to lock the doors."

What so many people said they couldn't understand is the fact that a 65-year-old woman had been arrested.

"She a little old to be gun-slinging," Harold Smith said.

At Barker's Grocery, Hayes felt the same: "It's hard to believe a woman could do this by herself."

'Blows her mind'

Don Barker's nephew, Frank Moore, said the Barkers had been cautious after he had been robbed and shot before. But "taking extra precaution apparently wasn't good enough," Moore said.

Robert Taylor said he worked with Don Barker for 30 years and said the day he heard of hte murders is one he will always play back in his mind.

"It was the longest day I had ever lived," he said. "It's been real tough."

Employees at Barker's Grocery now carry handguns for protection, and Taylor said he had been skeptical about the killings since Day 1.

"I suspected about 100 people, but I didn't want to get my hopes up. You wouldn't have thought (Evans) could do this," he said.

"It just blows my mind, and if she did do this I hope she rots in hell."

'It brings tears'

Mike Keller, who operates Union Grove Milling Co. with his mother, said James Powell "was just as good a friend as you could want. He would do anything for you."

Keller was also pleased that an arrest had been made.

"The community will be a whole lot relieved - if that's the right person," he said. "If it's the right one, she needs to get what she deserves."

Steve Wooten said he grew up near the Powells. After their deaths, he took in their dog, Kipper.

He said Delet Powell "was like a second mother to our son," often walking over the baby-sit.

"We knew James all his life," Wooten said.

And now?

"It brings tears."