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Oliver withdraws request for death penalty in McCoy case

Saturday, June 7, 2014

COREY NOLES--cnoles@dailystatesman.com Allen "Smurf" McCoy is shown being escorted to a 2011 court appearance.
BLOOMFIELD, Mo. -- The Daily Statesman learned this week that a motion has been filed in the case against Allen McCoy rescinding the intention to seek the death penalty.

McCoy is accused of the June 2010 murder of Aubrey Finch at his Bernie home.

Both Allen McCoy, and his wife, Angela McCoy, were charged with the Class A felony of first degree murder, two counts of the unclassified felony of armed criminal action and one count of the Class A felony of first degree robbery.

In February 2013, McCoy was declared to be "mentally retarded" and, as a result, incompetent to stand trial. Mental health professionals for both the prosecution and defense examined him before the official determination was made.

In February 2014, the Missouri Department of Mental Health filed a motion to proceed, stating that McCoy is no longer incompetent to stand trial.

He is now classified as "retarded but competent."

As a result of the finding, Stoddard County Prosecuting Attorney Russell Oliver is basically required to withdraw the death penalty as a sentencing option.

In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing mentally retarded individuals violates the Eighth Amendment right against cruel and unusual punishments. The catch is that states themselves define who is and is not mentally retarded.

In this case, the DMH has determined that McCoy fits the criteria.

McCoy appeared in court Wednesday for the first time since 2012. At the hearing, his attorneys Bob Wofrum and Bevy Bimdieck announced their plans to retire--meaning that time will be needed for McCoy to retain new representation and for the attorney to sift through the information on the case before a trial can take place.

Judge Robert Mayer set the case for an appearance on Wednesday, Aug. 6.

In April 2013, Angela McCoy pled guilty to the Class A felony of second-degree murder. As part of the plea agreement, she will serve a 20-year prison sentence. She will have to serve a minimum of 85-percent before she will be eligible for parole.

At the time of her plea, Stoddard County Prosecuting Attorney Russell Oliver explained that Angela

McCoy would be required to testify against her husband.

Oliver said at the time he felt the sentence was appropriate in exchange for the value that her testimony will bring to the table. He said keeping her off the street was the goal, and he feels this sentence makes sure that happens.

An autopsy conducted in Farmington ruled Finch, 67, died as a result of "multiple stab wounds to the head and neck."

The autopsy report detailed at least 12 separate stab wounds to the body of Aubrey Finch.

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That's ripe...."Retarded...but competent".

-- Posted by Bearcat72 on Mon, Jun 9, 2014, at 12:52 PM

I agree, Bearcat72. Just how does that work, Retarded...but competent? I really didn't know.

-- Posted by Just Lucy on Tue, Jun 10, 2014, at 4:41 PM

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