Bowling Green Trial Ends With 10 Year Recommended Sentence.
Burns guilty in ’09 killing
Jurors recommend a sentence of 10 years for manslaughter conviction
By JUSTIN STORY
Leland Burns was found guilty of second-degree manslaughter Thursday, ending a three-day trial.
A jury of seven women and five men deliberated for about two hours on the verdict and later recommended a 10-year sentence for Burns, 57, who was on trial in Warren Circuit Court on charges of murder and tampering with physical evidence.
Burns was charged in connection with the death of Casey Olmsted, 20, of Bowling Green, who was fatally shot Oct. 26, 2009, outside Burns’ home at 2514 Galloway Mill Road, Rockfield. The jury acquitted Burns on the tampering charge.
In his closing argument, Warren County Commonwealth’s Attorney Chris Cohron told jurors that Burns acted wantonly and excessively when Olmsted drove to his residence after engaging in an argument via several text messages with Burns’ son, Patrick Burns.
According to testimony, Olmsted was in his father’s car on Galloway Mill Road in front of the residence, yelling out the passenger side window toward Burns when Olmsted was struck by a bullet that entered his right shoulder and pierced his aorta and lungs, killing him.
“In our society ... you don’t get to shoot first and ask questions later and that’s what we have here,” Cohron said.
The use of deadly force was not justified in this case, Cohron argued, reminding jurors that Patrick Burns never set foot outside the house after Olmsted arrived.
“Instead of Leland Burns intervening as adults do, he opened fire on an unarmed 20-year-old leaving on a county road,” Cohron said.
Burns’ attorney, Brad Coffman of Bowling Green, argued Thursday that Burns never intended to kill Olmsted when he fired his .45-caliber handgun that night and that Olmsted was hit by a “stray bullet.”
Coffman said Burns was acting to protect his son from harm and that Burns fired warning shots over the car in order to scare off Olmsted, who had gotten into an argument with Patrick Burns over Latasha Sampson, a former girlfriend of Patrick Burns who had sex with Olmsted a week before the shooting.
“It’s a shame he died, but Casey was a hot-headed young man,” Coffman said. “He took his dad’s car without permission, he did not have a driver’s license, he set out to a rural part of the county to whip a young man he had never met.”
In addition to the bullet that killed Olmsted, police recovered three bullets from in a tree across the road from the Burns residence.
The defense did not call any witnesses, but during his closing argument, Coffman invited Leland Burns to stand beside him for a moment.
Dressed in a white shirt and black pants with his hair in a ponytail, Burns walked slowly from his table and stood beside his attorney as Coffman called him the “prime centerpiece” of his case and said he was proud to represent him.
Burns did not show any emotion when the guilty verdict was returned.
Jurors hear recorded statement from Burns
Leland Burns did not testify during his trial, and the only time jurors heard his voice was when Cohron played a recording of an interview Burns gave Kentucky State Police Detective Scott Skaggs not long after shots were fired.
The interview took place outside Burns’ residence and lasted 38 minutes.
Skaggs testified that he encountered Leland Burns in the passenger seat of a pickup truck outside the residence. Leland’s wife, Mary Burns, was in the driver’s seat and the two were preparing to leave for The Medical Center, Skaggs said.
At first, Leland Burns told Skaggs that he did not know what happened, but changed his story after Skaggs engineered a ruse and said he was told by Olmsted that Burns tried to scare him off.
Burns said he shot a 9 mm pistol in the air and told Skaggs he believed there were four or five other people in the car with Olmsted.
“I wasn’t shooting toward (Olmsted),” Burns said. “He threatened to come down here and whip my son.”
Burns later said he did not shoot straight up and that a bullet must have ricocheted.
He maintained he did not intend to harm Olmsted.
“I’d swear to you, I wasn’t trying to hurt nobody,” Burns said. “I was just trying to scare him off.”
About halfway into the interview, Skaggs told Burns that Olmsted had died.
Sounding dejected, Burns asked if he was going to be placed under arrest and what charges he would face.
Twenty-three minutes into the interview, Skaggs asks for consent to search the house for the weapon used in the shooting. Two minutes later, Burns said he wanted to shoot himself.
Most of the rest of the interview consisted of Skaggs trying to obtain consent from Burns to search for the handgun. At one point, Burns offered to turn himself in to police the following day.
“You just told me you wanted to kill yourself - I don’t believe I’m going to just let you go,” Skaggs said.
About five minutes before the interview ends, Burns appeared to take responsibility.
“I’m going to hell for this one,” Burns said.
Olmsted’s father gives emotional testimony
During the sentencing phase of the trial, Ken Casey, Olmsted’s father, read a written statement about how his son’s death had affected him and the rest of his family.
Casey said he learned of Olmsted’s death the morning of Oct. 27, 2009, while driving to work at Hopkinsville Community College, where he is a professor. He spoke of the helplessness he and his wife, Jane Olmsted, felt in the aftermath.
“This is the most god-awful thing that has ever befallen me and my family,” Casey said.
As jurors saw a photo of Casey Olmsted holding his daughter, Leah, Ken Casey said his youngest son had held his hopes and dreams for the future and spoke about the volunteer work Olmsted had done at a camp for underprivileged children.
Casey also talked about the thoughtfulness his son expressed in a journal family members found after Olmsted’s death.
“He had a kind side that you would not believe,” Casey said.
That kindness emerged most strongly after Olmsted became a father, Casey said.
Olmsted’s father said he was putting together a book about his son for Leah Olmsted, so that she can have a better idea about the father she lost.
“Casey was an imperfect person, but he loved her perfectly,” Ken Casey said.
Olmsted’s father said he was not without pity for Burns, but asked the jury to recommend the maximum 10-year sentence as punishment.
“It will be my prayer that (Burns) will be forgiven,” Casey said. “However, I think ... he should spend the rest of his time on earth paying the price for this god-awful deed.”
Coffman asked Casey if it would have been much better for everyone if his son had stayed home the night he was shot. Casey twice responded, “I think you know the answer.”
Beth Burns, Leland’s daughter, testified that her father has chronic obstructive pulmonary disease, along with heart and sinus problems that have caused him to be hospitalized twice since his arrest on Oct. 27, 2009.
Warren Circuit Judge Steve Wilson will formally sentence Burns on Sept. 19.
Jurors recommend a sentence of 10 years for manslaughter conviction
By JUSTIN STORY
Leland Burns was found guilty of second-degree manslaughter Thursday, ending a three-day trial.
A jury of seven women and five men deliberated for about two hours on the verdict and later recommended a 10-year sentence for Burns, 57, who was on trial in Warren Circuit Court on charges of murder and tampering with physical evidence.
Burns was charged in connection with the death of Casey Olmsted, 20, of Bowling Green, who was fatally shot Oct. 26, 2009, outside Burns’ home at 2514 Galloway Mill Road, Rockfield. The jury acquitted Burns on the tampering charge.
In his closing argument, Warren County Commonwealth’s Attorney Chris Cohron told jurors that Burns acted wantonly and excessively when Olmsted drove to his residence after engaging in an argument via several text messages with Burns’ son, Patrick Burns.
According to testimony, Olmsted was in his father’s car on Galloway Mill Road in front of the residence, yelling out the passenger side window toward Burns when Olmsted was struck by a bullet that entered his right shoulder and pierced his aorta and lungs, killing him.
“In our society ... you don’t get to shoot first and ask questions later and that’s what we have here,” Cohron said.
The use of deadly force was not justified in this case, Cohron argued, reminding jurors that Patrick Burns never set foot outside the house after Olmsted arrived.
“Instead of Leland Burns intervening as adults do, he opened fire on an unarmed 20-year-old leaving on a county road,” Cohron said.
Burns’ attorney, Brad Coffman of Bowling Green, argued Thursday that Burns never intended to kill Olmsted when he fired his .45-caliber handgun that night and that Olmsted was hit by a “stray bullet.”
Coffman said Burns was acting to protect his son from harm and that Burns fired warning shots over the car in order to scare off Olmsted, who had gotten into an argument with Patrick Burns over Latasha Sampson, a former girlfriend of Patrick Burns who had sex with Olmsted a week before the shooting.
“It’s a shame he died, but Casey was a hot-headed young man,” Coffman said. “He took his dad’s car without permission, he did not have a driver’s license, he set out to a rural part of the county to whip a young man he had never met.”
In addition to the bullet that killed Olmsted, police recovered three bullets from in a tree across the road from the Burns residence.
The defense did not call any witnesses, but during his closing argument, Coffman invited Leland Burns to stand beside him for a moment.
Dressed in a white shirt and black pants with his hair in a ponytail, Burns walked slowly from his table and stood beside his attorney as Coffman called him the “prime centerpiece” of his case and said he was proud to represent him.
Burns did not show any emotion when the guilty verdict was returned.
Jurors hear recorded statement from Burns
Leland Burns did not testify during his trial, and the only time jurors heard his voice was when Cohron played a recording of an interview Burns gave Kentucky State Police Detective Scott Skaggs not long after shots were fired.
The interview took place outside Burns’ residence and lasted 38 minutes.
Skaggs testified that he encountered Leland Burns in the passenger seat of a pickup truck outside the residence. Leland’s wife, Mary Burns, was in the driver’s seat and the two were preparing to leave for The Medical Center, Skaggs said.
At first, Leland Burns told Skaggs that he did not know what happened, but changed his story after Skaggs engineered a ruse and said he was told by Olmsted that Burns tried to scare him off.
Burns said he shot a 9 mm pistol in the air and told Skaggs he believed there were four or five other people in the car with Olmsted.
“I wasn’t shooting toward (Olmsted),” Burns said. “He threatened to come down here and whip my son.”
Burns later said he did not shoot straight up and that a bullet must have ricocheted.
He maintained he did not intend to harm Olmsted.
“I’d swear to you, I wasn’t trying to hurt nobody,” Burns said. “I was just trying to scare him off.”
About halfway into the interview, Skaggs told Burns that Olmsted had died.
Sounding dejected, Burns asked if he was going to be placed under arrest and what charges he would face.
Twenty-three minutes into the interview, Skaggs asks for consent to search the house for the weapon used in the shooting. Two minutes later, Burns said he wanted to shoot himself.
Most of the rest of the interview consisted of Skaggs trying to obtain consent from Burns to search for the handgun. At one point, Burns offered to turn himself in to police the following day.
“You just told me you wanted to kill yourself - I don’t believe I’m going to just let you go,” Skaggs said.
About five minutes before the interview ends, Burns appeared to take responsibility.
“I’m going to hell for this one,” Burns said.
Olmsted’s father gives emotional testimony
During the sentencing phase of the trial, Ken Casey, Olmsted’s father, read a written statement about how his son’s death had affected him and the rest of his family.
Casey said he learned of Olmsted’s death the morning of Oct. 27, 2009, while driving to work at Hopkinsville Community College, where he is a professor. He spoke of the helplessness he and his wife, Jane Olmsted, felt in the aftermath.
“This is the most god-awful thing that has ever befallen me and my family,” Casey said.
As jurors saw a photo of Casey Olmsted holding his daughter, Leah, Ken Casey said his youngest son had held his hopes and dreams for the future and spoke about the volunteer work Olmsted had done at a camp for underprivileged children.
Casey also talked about the thoughtfulness his son expressed in a journal family members found after Olmsted’s death.
“He had a kind side that you would not believe,” Casey said.
That kindness emerged most strongly after Olmsted became a father, Casey said.
Olmsted’s father said he was putting together a book about his son for Leah Olmsted, so that she can have a better idea about the father she lost.
“Casey was an imperfect person, but he loved her perfectly,” Ken Casey said.
Olmsted’s father said he was not without pity for Burns, but asked the jury to recommend the maximum 10-year sentence as punishment.
“It will be my prayer that (Burns) will be forgiven,” Casey said. “However, I think ... he should spend the rest of his time on earth paying the price for this god-awful deed.”
Coffman asked Casey if it would have been much better for everyone if his son had stayed home the night he was shot. Casey twice responded, “I think you know the answer.”
Beth Burns, Leland’s daughter, testified that her father has chronic obstructive pulmonary disease, along with heart and sinus problems that have caused him to be hospitalized twice since his arrest on Oct. 27, 2009.
Warren Circuit Judge Steve Wilson will formally sentence Burns on Sept. 19.
Labels: Crime, Punishment
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