Crime

Compassionate judge gives suspect belated Christmas gift after sister’s poignant plea

A Columbus man received a belated Christmas gift Monday in Recorder’s Court after the compassionate judge heard a poignant plea from the suspect’s sister.

Franklin Barnes, 54, was arrested Saturday afternoon and spent Christmas Eve and Christmas Day in the Muscogee County for a charge of making a terroristic threat.

According to the Columbus police report, the victim, the victim’s fiancé and the suspect’s mother said they heard Barnes tell the victim that “he would put a bullet in her head.” The suspect insisted on a different version, stating he told her that “someone needed to put a bullet in her a--,” the report says.

During the first-appearance hearing Monday morning, Barnes’ sister told Judge Michael Joyner, “We need him home.”

Their 94-year-old grandmother is bedridden, she said, and their 70-something mother can’t take care of her. So he is the only one at home who can lift her, she said.

Barnes had a similar altercation with the victim last Christmas, the sister said. She called the accusations “lies” and alluded to the victim using cocaine.

“My brother is an upstanding citizen,” said the sister, mentioning his employer. “… He’s a very, very nice person, and he goes to church every Sunday.”

Barnes tried to interject, but the judge advised him otherwise.

“The fact is, you say anything in your first-appearance hearing, it’s recorded here, taking every word down,” Joyner said. “You haven’t had the benefit of talking to an attorney, so any statement that you make can and will be used against you if it can be. So your best posture at this stage, until you talk to a lawyer, is to not say a word. She can speak, and it’s not going to harm you.”

Then the sister admitted she didn’t witness the incident – which suddenly made this case tougher for the judge.

“You’re going by his character, and I understand that -- that’s what family does – however, the problem is I need witnesses,” Joyner said. “I don’t have anybody that witnessed the scene that’s in front of me. … I can still set a bond; I’m just trying to decide how much to set.”

Joyner set Barnes’ bond at $5,000.

“And that’s on the low end,” the judge noted.

The preliminary hearing is scheduled for Wednesday at 9 a.m.

Barnes again motioned to the judge that he wanted to speak.

“You can,” Joyner said, “but understand what I told you.”

Barnes told his sister where she could get some of his money to help post the bond.

This story was originally published December 26, 2016 at 6:31 PM with the headline "Compassionate judge gives suspect belated Christmas gift after sister’s poignant plea."

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