Two more get prison in 2019 death of man found in Christmas tree bag in West Virginia
Two men charged in the 2019 Hagerstown slaying of a man whose body was found in a Christmas tree bag in West Virginia were ordered Monday to serve long prison terms.
Antonio Cane Arana was ordered to serve 55 years and Dakota Daniel Paugh was ordered to serve 45 years by Washington County CIrcuit Court Administrative Judge Brett R. Wilson.
The 22-year-olds had been charged with first-degree murder and other offenses in the Jan. 20, 2019, death of 27-year-old Christopher Turner.
More: Man guilty of 2nd-degree murder in death of Hagerstown man whose body was found in W.Va.
Turner's mother, Danyelle Turner, spoke during Arana's sentencing, noting that her son had been discarded "like common trash."
"Not a day goes by that what you did does not interfere with my life," she said to Arana.
She said she was convinced that the robbery and murder of her son was planned.
"My sadness has turned to anger and I hope, one day, will turn to healing," she said.
She asked Wilson to impose the maximum penalty allowed by law.
Some members of Arana's family gasped and began crying when Assistant State's Attorney Chris McCormack asked for a prison term of 100 years. McCormack also noted that Arana was charged with infractions while being held in the Washington County Detention Center and that he was on supervised probation for another offense at the time of Turner's death.
Defense attorney Jacob Craven acknowledged that Arana was present during the incident that led to Turner's death and said that the jury found Arana guilty of second-degree murder and other charges, but found him not guilty of first-degree murder and other charges, an indication that the panel was unable to conclude what Arana's role was.
He asked for a "fair and appropriate sentence" within the guidelines of 20 to 35 years.
Members of Arana's family extended condolences for the Turner family's loss and described Arana as an intelligent former Boy Scout and athlete, as well as a "soft-spoken giant" who had a bright future.
His aunt, Trish Arana, said "I do not believe in heart he is guilty" and asked Wilson to "see the good in Antonio."
Wilson sentenced Arana to 40 years for second-degree murder with five years suspended, 20 years with 10 years suspended for attempted armed robbery, 20 years with 10 years suspended for using a firearm in a violent crime and 20 years with all of it suspended for conspiracy to commit armed robbery, for a total period of 55 years behind bars. He also ordered Arana to serve five years supervised probation upon his release.
"It's a significant crime in the history of Hagerstown," Wilson said.
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What were the details of the crime?
Turner was seen entering an apartment on West Washington Street in Hagerstown where gunfire was heard and police found evidence of a homicide. His body was found in a Christmas tree bag down an embankment near Gerrardstown, W.Va., prosecutors have said. He had four gunshot wounds.
Prosecutors have said that Turner was known to have cash and drugs, and that co-defendant Erica S. Earl had communicated with Paugh, knowing that he and Arana planned to rob Turner.
Arana had filed a motion in February to have his charges dismissed, claiming his right to a speedy trial had been violated. His trial was held in March and a hearing on the motion was held in April, according to court records.
In Wilson's opinion accompanying his May 5 order denying the motion, he noted that Arana asserted his right to a speedy trial only twice over a three-year period, and did not raise the issue during various other proceedings.
"Although the delay in this case was significant, this Court does not weigh it heavily against the state because of the complex nature of the case, the need for accurate DNA evidence, and the unavoidable, unprecedented disruptions to the entire judiciary during the time of the COVID-19 pandemic," Wilson wrote. "None of these occurrences can be attributed to bad faith on the part of the State."
Wilson found that the harm to Arana caused by the delay was minimal at best, it did not impair his defense and that "the fact that the State's witnesses occasionally relied on their refreshed recollection while testifying does not rise to the level of vacating the conviction and dismissing the charges."
What did Paugh plead guilty to?
Immediately following Arana's sentencing, Paugh appeared before Wilson and pleaded guilty to first-degree murder under a plea agreement in which other charges against him were dismissed.
McCormack said surveillance video from a store across from the apartment captured Arana and Paugh getting out of a car and entering the dwelling before gunshots were heard and they were seen on video returning to the car and driving away.
He said that had the case gone to trial, the prosecution would have presented its theory that a robbery went bad and that Paugh told Arana to shoot Turner.
McCormack said sentencing guidelines called for a penalty of life in prison, and asked Wilson to take Danyelle Turner's earlier statements regarding her son in the Arana case into account when deciding Paugh's sentence.
Paugh's defense attorney, Andrea Cheeatow, asked for a lesser penalty and said he was sorry for events that spiraled out of control.
"It was not his intent to cause harm to Mr. Turner," she said.
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Family connection to recent shooting at Valley Mall
She noted that Paugh's family is also dealing with the shooting of his younger brother, Calijah Omaria Paugh, 19, outside Valley Mall last week. Matthew Steven Lookabaugh, 21, of Hagerstown, is charged with attempted murder in that case.
Paugh's mother, Jennifer Murphy, spoke during her son's court appearance and apologized to Turner's family
"It was just an unfortunate situation that happened, and we wish we could take everything back," she said.
His grandmother, Tammy Paugh, asked Wilson to "please temper justice with mercy."
Wilson noted that the community has been wracked with gun violence during the three years it took Paugh's case to be resolved, and that the circumstances of Turner's death produced a predictable result.
"Whether you intended (Turner's death) or not, that was the result," Wilson said in sentencing Paugh to life in prison with all but 45 years suspended and placing him on five years supervised probation upon his release.
Who else was charged in Turner's death?
A total of five people were charged in Turner's death.
Earl earlier entered an Alford plea to conspiracy to commit armed robbery under a plea agreement. An Alford plea is not an admission of guilt, but acknowledges that the prosecution has enough evidence to obtain a conviction. In exchange for the plea, 14 other charges including murder, armed robbery and assault are to be dismissed when she is sentenced. Court records show no sentencing date set.
Co-defendant Jordan D. Matthews-Hacket was sentenced Feb. 25, 2020, to 10 years in prison for his role in helping to dispose of Turner's body. He pleaded guilty to being an accessory after the fact to first-degree murder, according to court records.
Co-defendant Nyzeir T. Sampson was ordered to serve 10 years in prison after pleading guilty Nov. 17, 2020, to conspiracy to commit armed robbery, according to court records. In exchange for the plea, three counts of being an accessory after the fact against the accused getaway driver were dropped, prosecutors said earlier.
This article originally appeared on The Herald-Mail: Two more sentenced in murder of man found in Christmas tree bag
