Killer gets 63 years; accomplice pleads

Killer gets 63 years; accomplice pleads

FILE PHOTO

Timothy Wright Jr. is shown in court in this file photo.

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An Amherst circuit judge on Wednesday sentenced convicted killer Timothy Wright Jr. to 63 years in state prison for fatally shooting a Naola man in a jealous rage in May.

His co-defendant, Justin Michael Davis, 26, pleaded guilty to a lesser charge and got a 15-year sentence.

In October, a jury convicted Wright, 22, of first-degree murder in the May 3 slaying of 19-year-old Justin Baumgardner. The jury recommended the 63-year sentence.

Wright was accused of firing a handgun into Baumgardner’s pickup after he left Monacan Park in Amherst County, where Wright confronted him. Davis drove the truck from which he fired.

Judge Michael Gamble sentenced Wright after Baumgardner’s parents, on the stand facing the judge, spoke of the impact of his death.

“I cannot describe,” his father, Robert Eugene Baumgardner, testified softly, facing the judge, as Wright watched him.

“I was probably the closest person to Justin; I saw him every day,” testified his mother, Lisa Vosburgh. “I had my life wrapped around him.”

When he was little, her son was afraid of the dark, she recalled.

“I have to live with the knowledge that he died in the dark, alone,” Vosburgh testified.

Wright’s sister, Hannah Wright, 20, testified that her brother — clad in an orange jail coverall and shackled at the ankles — was a “guardian angel” to her and her six other siblings while all eight grew up and were home-schooled in a Mennonite-Amish family.

“He’s the best brother I’ve ever seen anybody have,” she testified.

A probation officer, Sonya Schroeder, testified that Wright had been less-than-honorably discharged from the U.S. Marine Corps for what was termed misconduct, but she did not elaborate.

Commonwealth’s Attorney Marsha Garst asked Gamble to impose the jury-recommended, 63-year sentence.

“Mr. Wright should not be loosed back on society,” Garst told Gamble.

Before he was sentenced, Wright asked the judge to let him return to his family “as soon as possible.” Gamble then ruled the jury’s sentence was justified and sentenced Wright to 50 years for first-degree murder, five years for shooting at an occupied vehicle, five years for shooting from an occupied vehicle and three years for use of a firearm in the commission of a felony.

Wright’s attorney, Greg Smith, said Virginia essentially has abolished parole, which likely would be considered only in a “geriatric parole” scenario.

According to testimony and evidence presented during the four-day trial in Amherst County Circuit Court that culminated in Wright’s conviction Oct. 4, Wright killed Baumgardner because he was jealous of the man’s past relationship with then 17-year-old Nicole Turpin.

Garst told the jury Wright was frustrated that Turpin, at some time in their month-long relationship, had found out that he was married and refused to have sex with him.

When Turpin told him about her past relationship with Baumgardner — that she had become pregnant by him and lost the baby — he threatened to kill Baumgardner, the girl testified.

On May 3, Baumgardner met Turpin at Monacan Park off Virginia 130 in southwestern Amherst County. Before she left to meet him, she testified, she called Wright to tell him about the meeting.

Wright then came to the park with his friend Davis.

Davis testified that after getting into an argument with Baumgardner, the men chased his truck down Virginia 130 toward Naola.

Garst said Wright fired into the truck six times.

Baumgardner’s truck and body were found in a driveway a few hundred feet off Virginia 130 on the morning of May 4.

Davis is the son of a former Amherst County Deputy Steve Davis –– now a Nelson County deputy –– and was charged as an accessory to the slaying for allegedly driving Wright’s truck during the shooting. He testified against Wright.

Davis pleaded guilty to second-degree murder and was sentenced to 15 years in prison followed by 10 years of probation.

His attorney, Scott De Bruin, said he must serve about 85 percent of the 15 years. The maximum possible sentence was 40 years, but Gamble suspended 25 years.

Before he was sentenced, Davis told the judge, “I’d like to apologize to the Baumgardner family and to give my deepest regrets.”

The family approved of the plea bargain, Garst said.

De Bruin said of Davis’ father, “He never attempted to influence the investigation or the disposal of the case.”

De Bruin said that Davis had wanted to personally express his regrets to the Baumgardner family, but the terms of his probation prohibit him from having any contact with them.

Wright also has been charged with maliciously wounding 27-year-old Donnie Seamster on Aug. 18, when they shared a cellblock in the Amherst County Jail as Wright awaited trial.

Baumgardner’s family declined to comment after the sentencing.

Staff writer Chris Dumond contributed.

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Flag Comment Posted by observer on December 11, 2008 at 7:32 am

It looks to me by what I have read and seen of this case, Nicole Turpin is the reason all of this happened. Seems she egged both of these fellows on. She sounds like a tease. I wonder if charges can be brought against her. If he were not for her. Maybe Justin would still be alive today.

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