Sentencing delayed for convicted bank robber

Published 12:00 am Saturday, October 3, 2009

Sentencing testimony continued Friday in Warren County Circuit Court for a Petal man convicted of bank robbery by a jury Sept. 15.

Kevin Dale McCain, 50, who at the time of his arrest gave his address as 406 W. 7th Ave., 9B, will hear his sentence next Friday as Judge Isadore Patrick considers District Attorney Ricky Smith’s motion to sentence McCain as a “habitual offender.”

McCain has four previous bank robbery convictions, Smith said, two of which were the subject of Friday’s testimony. He was convicted in Warren County last month for the Jan. 30, 2008 robbery of the Trustmark Bank branch at 3406 Halls Ferry Road.

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If sentenced as a habitual offender of crimes of violence, McCain faces life in prison without parole, Smith said. A simple robbery conviction carries a 15-year maximum sentence.

O’Neal Brown, a federal parole officer with the Southern District of Mississippi in Hattiesburg, testified for the prosecution. Brown said he has been McCain’s parole officer since Aug. 3, 2007. McCain had been sentenced to 72 months in federal prison Jan. 8, 2003 for two bank robberies he committed in 2002, one in Rankin County and the other in Smith County, Texas.

McCain also had been convicted of bank robberies in 1998, for which he was sentenced to about four years in prison, Smith said.

In cross-examination and objections to documents Smith placed in evidence, McCain’s attorney, Eugene Perrier, called into question both the wording on previous indictments and jail records offered by the DA to prove that McCain’s previous convictions met the standards for him to be considered a violent habitual offender.

In separate actions, Patrick also arraigned two men indicted by the August term of the Warren County Grand Jury. The men had been arrested on warrants earlier this week, and had not previously appeared in court for the official notification of charges against them.

Arraigned were:

• Jack Blackstock, 62, 110 Melissa Drive, who was indicted for soliciting a child to engage in sexually explicit conduct, on or about April 1.

• David Chase Cook, 19, 719 Boy Scout Road, who was indicted for statutory rape of a child under the age of 14, on or about March 18.

Also in Warren County Circuit Court for the week ending Friday:

• Denise Lashay Kemper, 27, 2907 Washington St., Apt. 1, pleaded guilty to possession of marijuana and was sentenced by Patrick to the Ninth Circuit Court Drug Court Program for a period not to exceed five years, plus fines and courts costs totalling $1,822.50. Kemper was arrested Aug. 6, 2008.

• Tyler Lee Smith, 51, 3105 N. Washington St., pleaded guilty to burglary of a business and was sentenced by Patrick to 111 days in jail followed by three years of probation, plus $822.50 in fines and costs. Smith was arrested June 22.