Appeals court upholds Muncie man's murder, robbery convictions
MUNCIE, Ind. — The Indiana Court of Appeals this week upheld a Muncie man's convictions for murder and robbery.
In April 2022, a Delaware Circuit Court 5 jury found Kevoszia J. Winston, now 21, guilty of killing Seth N. Barton, a 19-year-old Muncie resident who was shot to death in January 2020.
Testimony during the trial indicated Barton — at the time asleep on a recliner — was shot by Winston, who had come to an apartment in the 2500 block of West White River Boulevard with an accomplice to rob its occupants of drugs, money and guns.
In May 2022, Winston was sentenced to 58 years in prison by Judge Thomas Cannon Jr., who said the defendant had displayed the character of "a cold, callous killer without conscience."
Winston's first trial, in March 2021, had concluded with a mistrial after a prosecutor became ill.
More:Muncie man, 21, sentenced to 58 years for murder, robbery convictions
A prosecution witness who testified at the first trial could not be located for the second trial, and Judge Cannon ruled jurors could consider that man's earlier testimony.
In an appeal, Winston maintained that decision was wrong, and should result in reversal of his convictions, in part because his defense attorney did not have the opportunity to cross-examine the witness.
In a Monday decision, however, the state appeals court disagreed, and upheld the convictions.
In a 3-0 ruling issued Monday, the court noted the witness was questioned by the defense attorney at the first trial.
The decision, written by Judge Cale Bradford, also noted the witness' first-trial testimony was similar to that presented by another witness.
Winston is incarcerated at the Westville Correctional Facility and has a projected release date in July 2063, when he would be 62.
His co-defendant, Dimorrea J. Benning, now 21, remains charged with murder and robbery. His trial was most recently set for Feb. 20, but it was postponed at the request of Benning's attorney.
Douglas Walker is a news reporter at The Star Press. Contact him at 765-213-5851 or at dwalker@muncie.gannett.com.
This article originally appeared on Muncie Star Press: Muncie man's murder, robbery convictions upheld by appeals court
