In the second week of testimony, the defense called Barrett's family and former jailers to testify about Barrett's behavior. At the conclusion of the sentencing phase, federal jurors will decide whether Barrett should be sentenced to life in prison or be given the death penalty.
Jurors found Barrett, 45, guilty Nov. 4 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.
Barrett was already convicted of a lesser charge of manslaughter by a jury in Sequoyah County during his second state trial last year. Barrett's first state trial ended with a deadlocked jury. The second jury received a combined 30-year prison sentence for the death of OHP Trooper David "Rocky" Eales and the wounding of another trooper. The men were shot while trying to serve a night time, no-knock drug search warrant at Barrett's rural home northwest of Sallisaw.
U.S. Attorney Sheldon Sperling has said the sentencing phase involves the prosecution presenting aggravating factors, and the defense presenting mitigating factors, which are matters that must be proved by a preponderance of the evidence. The jury will then be asked whether the aggravating factors outweigh the mitigating factors, which would result in a capital sentence.
Throughout the course of the trial, the prosecution argued that Barrett 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.
Former jailers with Sequoyah and Muskogee county jails testified that Barrett had few disagreements with guards while he was behind bars there. The jailers testified that Barrett did behave immaturely in some cases, even throwing a food tray at one guard in Muskogee.
Barrett's family described Barrett as a calmer person since his arrest for killing Eales. Barrett's parents both said Barrett was sorry for what happened to Eales and his family.
