High court upholds death sentence

BEUNKA ADAMS The Court of Criminal Appeals affirmed the capital murder conviction of Beunka Adams June 27. An Anderson County jury sentenced Mr. Adams to death Aug. 30, 2004, for the capital murder of Kenneth Vandever, 37, of Rusk. The case had been transferred from Cherokee County to Anderson County on a change of venue granted by District Judge Bascom Bentley III. Mr. Adams was 19 at the time of the murder.

Also, convicted for the murder and sentenced to death was Richard Cobb. Mr. Cobb's conviction on a direct appeal was affirmed Jan. 31.

The two men are charged with taking Mr. Vandever and two females to a pea field near Alto. The women were shot and wounded and Mr. Vandever shot and killed.

Evidence presented in the court hearings revealed that on the night of the murder the men entered BDJs convenience store wearing masks and demanding money. One of them was armed with a shotgun.

After taking the money from the cash register they demanded the keys to a Cadillac parked outside. The two women were employees of the store. Mr. Adams and Mr. Cobb forced the three into the car.

After arriving at the secluded field, one female and Mr. Vandever were told to get into the trunk of the car. The other female was taken away and sexually assaulted. Both women were wounded.

Still pending in Mr. Adams' case is a ruling on the finding of fact and conclusions of law in the state's writ of habeas corpus. If the court denies this relief, then the trial court will set an executive date. At that point, Mr. Adams can file for a federal writ of habeas corpus.

A writ of habeas corpus is a challenge to the legality of the sentence in the case.

Don Killingsworth and Sten Langsjoen represented Mr. Adams at the trial. Stephen Evans represented him on direct appeal. Jeff Haas is representing him in his state writ of habeas corpus appeal.

District Attorney Elmer C. Beckworth Jr. said last week that at the time of the murder, Mr. Adams had a prior juvenile robbery conviction. Mr. Cobb had a previous juvenile burglary conviction and a juvenile assault conviction. He was on adult probation for unauthorized use of a motor vehicle charges.

Execution date for both men is expected to be within three to five years, Mr. Beckworth said.

The state was represented by Mr. Beckworth and then Assistant District Attorney David R. Sorrell. On direct appeal and on the writ of habeas corpus the state was represented by D.A. Beckworth.

The decision on the direct appeal by nine members of the Court of Appeals was unanimous.