Murderer Walks the Streets of DeKalb ...

Murderer Walks the Streets of DeKalb County

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Wondering

Nashville, TN

#1 Aug 8, 2012
Sad, obviously the jury did NOT believe the testimony of Sheriff Patrick Ray, TBI Agent Billy Miller and Chief Deputy Don Adamson.

Richard Mooney Found Not Guilty in Murder of Robert Senick

WJLE: http://www.wjle.com/news/2012/richard-mooney-...

After deliberating for three hours, a DeKalb County Criminal Court Jury of eight women and four men found Richard Mooney not guilty of felony murder and theft of property over $1,000 Wednesday afternoon in the death of 63 year old Robert "Bob" Senick.

Mooney is not a free man. He is currently serving time in a Rutherford County car jacking case and is being returned there to be incarcerated.

"Obviously it was a difficult case," said Joshua Crain, attorney for Mooney in an interview with WJLE. "My client was facing first degree murder charges. The state had a good case that they put together with very competent attorneys on their side. A lot of investigation went into this case. Obviously my client is pleased with the outcome. From our standpoint and our investigation of the case, we believe it's the right outcome," said Crain

"My approach to this case was very simple, to look at what the state had done to make sure they had done everything they should have done in order to convict my client. If they had, then he would have gone to prison. If they had not, then it was my job to show that it hadn't been done. That's the approach we took from the beginning and ultimately we were successful with that," said Crain.

"I am surprised by the verdict but unfortunately when you are dealing with a case that involves drugs, more often than not your witnesses are not going to be very credible people," said Gary McKenzie, Deputy District Attorney and one of the state prosecutors in the case. " Our office does take pleasure in the fact that the defendant (Mooney) will continue serving his ten year sentence in a car jacking case in Rutherford County," he said

Prior to the trial, indications are that the defense might have been willing to take a plea to manslaughter, a lesser offense than felony murder, but McKenzie said the District Attorney General's Office did not feel that was appropriate in this case. A manslaughter conviction could have carried a sentence of 5 to 10 years. Under that arrangement, Mooney could have been eligible for release after serving at least 30% of the sentence.

Had he been convicted of felony murder, Mooney could have been facing a life prison sentence.

Crain told WJLE that perhaps the biggest concern of the case for the defense was the DNA evidence. "There's no doubt. With today's popular media, just those three little letters, DNA to a lot of people become the magic bullet," he said.

Denying charges that he murdered Robert "Bob" Senick almost three years ago, Richard Mooney testified in his own defense Tuesday, on the second day of his murder trial in DeKalb County Criminal Court.

"He was a friend of mine. I didn't have anything to do with his death," said Mooney, referring to Senick, whose charred remains were found beneath the rubble of his burned down trailer home on October 7, 2009 near Liberty. Senick had been shot once in the head.

Investigators believe Mooney shot Senick, stole drugs and cash from the residence, and then burned down the home. But Mooney, often sounding defiant while on the witness stand, insisted that investigators never had any proof of his guilt. Mooney accused TBI agent Billy Miller and Sheriff Patrick Ray of twisting the truth in order to try and win a conviction against him in court.
Good Eye Sight

Nashville, TN

#2 Aug 8, 2012
Good to know we have a cheif deputy who can see good.

the state called Chief Deputy Don Adamson to the stand for brief testimony. Adamson said he remembered seeing Senick on the afternoon before his death. Adamson said both he and Senick were driving in the same direction, heading west on Highway 70 near Dowelltown. As Adamson passed Senick's Lincoln town car, he looked over but did not spot any stains on the vehicle. According to Adamson, that is something he most likely would have remembered, had they been there.
also wondering

Minor Hill, TN

#3 Aug 8, 2012
I heard TBI Billy Miller and Sheriff Ray intimidated witnesses and threatened them with perjury if they didn't testify the way the law wanted them to. Obviously the jury took that in to account when they came back with a not guilty verdict. It's a sad day when murderers walk because of bad law enforcement.
mickey

Nashville, TN

#4 Aug 8, 2012
the great mouse detectives

Attorney Crain, during cross examination of TBI Agent Billy Miller, asked why investigators focused on Mooney when there were others of questionable character associated with Senick who may have been involved in his death. He even mentioned one man who showed up at the Lebanon Police Department a month after Senick's death wanting to know if there was a warrant against him for the disappearance of a man named "Bob". Agent Miller said he and Sheriff Ray went to Lebanon and talked to the man, but found him to be delusional. Still, according to Crain, "People lied to investigators, concealed involvement, concealed fireams, and had criminal connections to Senick. But after the TBI confirmed the presence of DNA, you viewed it as the smoking gun, even though there was evidence pointing in different directions," he said. Agent Miller explained that investigators followed all leads until they ran dry on everyone, except Mooney.
dude

Nashville, TN

#5 Aug 8, 2012
the only murder case lost in recent memory. good job dudes
vito

United States

#6 Aug 8, 2012
maybe all them other suspects payed off and mooney couldn't come up with the juice.
barney

Minor Hill, TN

#7 Aug 8, 2012
Or perhaps it's just piss poor police work????
arnold

Nashville, TN

#8 Aug 8, 2012
barney wrote:
Or perhaps it's just piss poor police work????
DUDE, how could you saw this when billy miller was involved. he got a college education and he is on the school board. shame on you! must be a dumb jury is all i can think of!
fred

United States

#9 Aug 8, 2012
and now you know why every murder is ruled a suicide. they got no idea how to do it or how to solve a murder patrick ray and billy miller best cops in town - clown and clown
Michael

Mcminnville, TN

#10 Aug 9, 2012
josh crain is an excellent attorney with a conscience. his job is to defend his clients to the best of his abilities so the other side is expected to do the same.
Justice is not served

Nashville, TN

#11 Aug 9, 2012
Justice is rarely served in this town. Look at our crazy ass Judge "Butch" Cook hamming it up on the bench and refusing to reccuse himself whenever he has been asked to step down because he represented one of the litigants as their lawyer. Only in Smithville. Its crooked and we are going to eventually wind up in a movie.
Justice

United States

#12 Aug 9, 2012
The jury is instructed to aquit unless the evidence is convincing beyond a shawdow of a doubt. All it takes is one juror to acquit. Evidently one juror believe the accused when he took the stand (which is rare these days)and said he did not kill his friend. I'm sure law enforcement did their jobs properly and diligently, but this was a case of circumstantial evidence. Besides, this guy ain't walking no where, except to Rutherford Co jail for another charge.
robert

United States

#13 Aug 9, 2012
Being found not guilty is different than acquittal. The jury would have been out for more than 3 hrs for that. But you are right he ain't walkin no where for a few and will probably think twice bout comin back here. Weather he did it or not.

Since: Aug 12

Smithville, TN

#14 Aug 9, 2012
also wondering wrote:
I heard TBI Billy Miller and Sheriff Ray intimidated witnesses and threatened them with perjury if they didn't testify the way the law wanted them to. Obviously the jury took that in to account when they came back with a not guilty verdict. It's a sad day when murderers walk because of bad law enforcement.
Where did you hear that?
xkb-21

United States

#15 Aug 9, 2012
cte2 wrote:
<quoted text>
Where did you hear that?
Everybody sitting in the courtroom heard it.
toad

United States

#16 Aug 9, 2012
Law enforcement has become a joke in DeKalb County. It has been over 50 years and probably longer since a sheriff lost a murder case in DeKalb County - maybe longer.

DeKalb County needs new leadership in law enforcement.
2tdr89

Socorro, NM

#17 Aug 9, 2012
cte2 wrote:
<quoted text>
Where did you hear that?
Be best is Billy Miller moved on and testified in other counties, cause people in DeKalb County don't believe anything Billy Miller has to say.
R-too D-two

Nashville, TN

#18 Aug 9, 2012
Due to technical difficulties, Billy Miller and Patrick Ray have run out of people to blame for their failures.

Stay tuned to this station.

Billy and Patrick will return as soon as they can figure out a plausible excuse and how they can blame this latest failure on someone else.
hey

Smithville, TN

#19 Aug 10, 2012
Justice wrote:
The jury is instructed to aquit unless the evidence is convincing beyond a shawdow of a doubt. All it takes is one juror to acquit. Evidently one juror believe the accused when he took the stand (which is rare these days)and said he did not kill his friend. I'm sure law enforcement did their jobs properly and diligently, but this was a case of circumstantial evidence. Besides, this guy ain't walking no where, except to Rutherford Co jail for another charge.
Wrong! It takes 12 jurors to get a Not guilty verdict. All twelve agreed the state had no case against this man. If one juror defects it is a hung jury, this was a not guilty verdict
Justice

United States

#20 Aug 10, 2012
hey wrote:
<quoted text> Wrong! It takes 12 jurors to get a Not guilty verdict. All twelve agreed the state had no case against this man. If one juror defects it is a hung jury, this was a not guilty verdict
Technically you are correct. Shouldn't have let my law license expire. I guess my point is at least one juror wasn't convinced of his guilt. Ever watch 12 Angry Men? Great movie on justice in America.

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