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Former Massena Wellness Center director accused of murder will go to trial

Posted 5/20/17

The former Massena Wellness Center director who is charged with a downstate murder reversed his decision to plead guilty at the last minute, according to a prosecutor. Justin Barkley, 38, is charged …

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Former Massena Wellness Center director accused of murder will go to trial

Posted

The former Massena Wellness Center director who is charged with a downstate murder reversed his decision to plead guilty at the last minute, according to a prosecutor.

Justin Barkley, 38, is charged with second-degree murder. He is accused of killing 52-year-old William Schumacher on Dec. 8, 2016 in the Ithaca Walmart parking lot by shooting him with a .30-.06 rifle and running him over with his car. He is also charged with menacing a police officer for firing a shot near police after they chased Barkley to his Dryden home following Schumacher’s death.

The DA said that would not have been a plea bargain, but a chance to have Barkley plead and avoid trial, along with it the possibility of a consecutive sentence.

“We were going to allow the murder plea to cover both (the murder and menacing charges). It wasn’t going to be dismissed or dropped,” Van Houten said.

The decision not to plead to the charges occurred during an appearance in Tompkins County Court on Thursday, May 11.

“We took the opportunity on the record, the judge explained to him the consequences of not pleading guilty. We’re seeking consecutive time if he were to be convicted after trial,” Van Houten said. “It’s rare, but we would be seeking it.”

The prosecutor has previously stated that he does not intend to offer any type of reduction on the charges against Barkley.

“In a case of this seriousness, given the circumstances, there are no mitigating factors. There’s no evidence that can be taken in a way other than that this was a wanton act of violence. There’s no basis to offer a reduction or seek anything less than the maximum penalty,” Van Houten said in late March.

Barkley has filed intent to use a psychiatric defense when the case goes to trial in the fall, Van Houten said May 16. Jury selection is slated for Sept. 14. Barkley’s attorney, Peter Dumas, could not be reached for comment.

“We are on track to go to trial. Just as before, he has asserted a psychological or psychiatric defense. It is his responsibility to provide us … with the expert basis for his defense. And we have a right to have him evaluated by our expert,” Van Houten said.

There is no time limit for the defense to submit their expert evaluation of the defendant.

“There isn’t a specific deadline for it, but if he doesn’t submit it with sufficient time for us to evaluate him before trial, the judge could put the date off. We have the right to have him evaluated,” the Tompkins County DA said.

The next deadline in the trial is May 26, the time limit for Barkley to submit motions.

In March, Barkley was arraigned on the charges for the second time after having been found not able to participate in his defense. During his initial arraignment in December, Barkley professed in court to have killed President Donald Trump and tried to plead guilty. The judge refused to accept the plea and ordered a psychiatric evaluation. That led to him being confined to Mid-Hudson Psychiatric Center for a couple of months, where doctors later determined Barkley was fit to stand trial.

The New York State Office of Mental Health said Barkley, a Madrid-Waddington High School graduate, had resigned his position at the Massena Wellness Center prior to Schumacher’s alleged murder.

“Justin Barkley was not employed by the state of New York at the time of this incident. This former employee was a licensed master social worker from September 2008 until May 2016 at St. Lawrence Psychiatric Center, where his final position was program director of the Massena Wellness Center,” according to Ben Rosen, OMH Public Information Office director. “In May 2016, he voluntarily left St. Lawrence Psychiatric Center for a position with the Office of Children and Family Services.”

He began working at The Office of Children and Family Services’ Finger Lakes Residential Center on May 4, 2016 and resigned effective Aug. 8, 2016 said Monica Mahaffey, New York State Office of Children & Family Services assistant commissioner for communications.