A Warsaw teenager will serve at least 10 years in prison in the murder of another teen, shot to death as he talked with friends near a local apartment complex in July 2008.
Joleski Floyd, 18, of 102 King Lane, Warsaw, pleaded guilty to second degree murder in the shooting death of Derrick Barden, 18, of Warsaw. Floyd reportedly knew and liked Barden, and there was no known motive in the shooting.
District Attorney Dewey Hudson said, despite the absence of “bad blood” between the two, the case highlights his long-held belief that the punishment for second-degree murder should be much harsher.
The plea was entered in Duplin County Superior Court last Friday in the July 3, 2008 shooting.
Floyd, represented by attorney Mary Susan Phillips, was sentenced by Special Superior Court Judge Gary E. Trawick to a presumptive range sentence of 125 to 159 months in the North Carolina Department of Corrections.
Prior to the sentencing, state prosecutors Chief Assistant District Attorney Ernie Lee and Assistant District Attorney Bob Roupe presented the facts of the case in the fatal shooting, which Warsaw Police Department officers responded to at the 200 block of Matthews Street at the Stewart Creek Apartments in Warsaw.
Once on the scene, officers found Barden had been shot in the upper torso. According to witnesses, Barden was sitting on a car talking to his friends when he was shot. He died shortly thereafter.
An autopsy performed by Dr. John Almeida at Onslow Memorial Hospital confirmed the single gunshot to Barden’s upper, exterior left arm near Barden’s shoulder. The autopsy revealed that the bullet traveled through Barden’s chest cavity, striking both the lungs and heart, and causing his death.
During investigation by Warsaw police officers and State Bureau of Investigation agents, it was able to be determined that Floyd, and three others, Jordan Guy, Ivan Wallace and Devon Hobbs, were in the woodline near the apartment complex when the shooting occurred.
Prosecutors said statements provided by co-defendants were initially inconsistent. However, following further interviews, co-defendants indicated Floyd was the one that fired the shot that struck and killed Barden. A weapon was not able to be used as evidence or verify co-defendants’ statements in the case, because it was reportedly disposed of after the shooting. That fact which came to light through an admission by a person involved, prosecutors said.
District Attorney Dewey Hudson explained that, to convict a defendant for first degree murder in North Carolina, “there must be a showing that the defendant acted with specific intent to kill the victim after premeditation and deliberation.” That could not be proven, Hudson stated.
“After a careful review of the case the D.A.’s office believed that this specific intent to kill after premeditation and deliberation could not be proven beyond a reasonable doubt,” Hudson said in a prepared statement. “Sadly, the defendant knew and liked Mr. Barden and there was no evidence of bad blood or any problems between the two.”
Hudson said members of the District Attorney's office met on numerous occasions with Barden’s family. They were present at Friday’s plea hearing.
“This is a senseless tragedy for the Barden family, the Warsaw community and Duplin County,” the district attorney stated. “For many years I have urged the legislature to increase the punishment for second degree murder in North Carolina, as I believe it is insufficient. Hopefully the legislature will act in the future to address this concern.”
Chris Berendt can be reached at 910-592-8137, ext. 121, or by email at sicrime@myclintonnc.com.