BOND REQUESTS HEARD IN SPENCER MURDER CASE - Calhoun Man Offers To Post For Hicks

(07/14/2005)
By David Hedges Publisher
Times-Record-Roane County Reporter

A husband and wife charged with murder both asked that they be released on bond while awaiting trial.

Her request was granted, while his was denied by Roane Circuit Judge David Nibert on Monday.

Joey W. Hicks, 28, and Crystal R. Hicks, 26, were both arrested Memorial Day weekend for the murder of Daniel Lee Burns of West Main St.

A third person, Raymond Lee Elswick. 40, of West Main St., was also charged. He is still being held in the regional jail without bond.

Police said the 51-year-old Burns was severely beaten at the Hicks residence on Market St. before he was placed into a car and beaten some more before his body was dumped along Lick Fork Road. At the same time as the beating, police said Burns' left pinky finger was cut off with a knife.

Police said the beating may have started after Crystal Hicks accused Burns of inappropriately touching her 6-year-old daughter. The couple had invited Burns, who worked as a carpenter, to the home to help them with some remodeling.

Joey Hicks was the first to request bond Monday afternoon. His court-appointed attorney, Drew Patton, pointed out that Hicks' mother and brother were both in the courtroom.

"He has ties to the community and he doesn't have any significant criminal history that would make him a threat to the community if he were released," Patton said.

Prosecutor Mark Sergent opposed the request for bond, saying Hicks "was a participant in a savage beating of a young man here in the community."

Sergent said Hicks had no job and owned no property here.

"He could probably put all his worldly possessions in a duffle bag and disappear," the prosecutor said.

Sergent also pointed to the brutality of the alleged crime. He said after Burns' body was dumped along the road, someone in the vehicle could have alerted authorities.

"Somebody could have called to say someone needs some help," he said. "They didn't."

Sergent said the grand jury would probably be asked to consider charges of murder, kidnapping, malicious wounding and conspiracy against Hicks. The next grand jury session is not until Sept. 27.

"Sergent called Hicks a "significant flight risk" and said the evidence against him was overwhelming.

Nibert reviewed Hicks' criminal record, which included charges of fleeing and escape from an officer and violation of home confinement.

He said Hicks did not appear to be a good candidate for bond.

"I don't have confidence that if he is admitted to bail he would appear (in court)," the judge said while denying the motion.

Crystal Hicks was represented by public defender Teresa Monk, who said her client had no criminal record.

Sergent, who again opposed bond, said Crystal Hicks was allegedly involved in the beating as well. Although he said she did show remorse by suggesting to the others involved that they get medical help for Burns, that suggestion was not followed ... Rest of the story ... www.thetimesrecord.net