Kenneth Eugene Barrett, 45, was found guilty of all three offenses with which he was charged in a federal indictment, U.S. Attorney Sheldon J. Sperling said Friday.
Barrett was already convicted of a lesser charge by a Sequoyah County jury during his second state trial last year. He received a combined 30-year prison sentence for the death of OHP Trooper David "Rocky" Eales and the wounding of another trooper. The two were shot while attempting to serve a night time, no-knock drug search warrant at Barrett's rural home northwest of Sallisaw. Barrett's first state trial ended with a deadlocked jury.
Eales, 49, was a passenger in the unmarked lead vehicle during the drug raid, and he was shot as the vehicle approached Barrett's home off Dwight Mission Road.
The federal jury began deliberating Thursday afternoon after hearing closing arguments and the judge's instructions. They returned Friday and finished their deliberations.
Barrett was found guilty Friday of using or carrying a firearm during and in relationship to a drug trafficking crime with death resulting; using or carrying a firearm during and in relationship to a federal crime of violence, with death resulting; and intentionally killing a state law enforcement officer engaged in the performance of his duty.
Sperling said the jury also found that, as to counts one and two, the killing was murder with malice aforethought.
"The jury was meticulous and discerning," Sperling said. "We are grateful to the soldiers of the law and the court officials on the jury for their service to the people of our state and nation."
Barrett's sentencing hearing is set for Wednesday.
"After the sentencing hearing, the jury will be asked to determine the appropriate sentence in the case," Sperling said. "Whether the defendant should be sentenced to death or life imprisonment without the possibility of release.
"Such sentencings involve the government presentation of aggravating factors which must be proved beyond a reasonable doubt and the defense presentation of mitigating factors, matters which must be proved by a preponderance of the evidence. The jury will then be asked whether the aggravating factors outweigh the mitigating factors so as to warrant a capital sentence."
Assistant U.S. Attorney Michael Littlefield and Sperling represented the government during the trial.
Defense attorneys previously called the federal prosecution "double jeopardy" because they say Barrett is being tried again for the same killing. Sperling has said that the federal prosecution involves a different jurisdiction, as well as drug charges that weren't addressed in state court. No appeal to the verdict can be filed until after sentencing.
Throughout the course of the trial, the prosecution argued that Barrett knew he was wanted for drug charges and he intentionally opened fire on officers as they drove up to his home.
Defense attorneys argued that Barrett was only defending himself and his family when he fired his rifle at an unmarked vehicle coming straight at his home. They also claimed that Barrett was unaware that it was law enforcement on his property.
