Published: October 09, 2008 08:37 pm      

Roberts found guilty

PRINCETON — A Mercer County man faces life in prison after being convicted Thursday for his role in the 2007 beating death of a Pipestem man.

After deliberating more than three hours, a circuit court jury found Benny Ray Roberts Sr., 53, of Brushfork guilty of first-degree murder, said Mercer County Assistant Prosecuting Attorney Scott Ash. The jury recommended mercy, meaning Roberts could be eligible for parole after serving 15 years.

Following the verdict, Judge William Sadler revoked Roberts’ bond and remanded him to the Southern Regional Jail near Beckley. A date for sentencing and hearing a motion for a new trial was set for Nov. 10.

Roberts was arrested in January and charged with the death of Losey Lee Bennett, 55, of Pipestem. A retired employee of Pipestem State Park, Bennett was found severely beaten Sept. 20, 2007 at Pinnacle Rock State Park near Bramwell. At the time Bennett, who was working for a contractor, was installing a new power source. He died later at a Roanoke, Va. hospital.

Over the course of the two-day trial, Roberts first said during recorded interviews with the West Virginia State Police that he was not involved in Bennett’s death. In later statements, he said that he agreed to go to the park — where he was an employee — and use his key to open a shed so Ernest Graham, no age given, of Falls Mills, Va., could steal equipment.

Graham testified Wednesday that he was not at Pinnacle Rock on the evening of Sept. 19, 2007; instead, he said that he was working at a construction project in Athens and did not leave work until 5 p.m. He was in custody Wednesday as a fugitive from justice in connection with an unrelated case in Virginia.

In closing arguments, Ash said Roberts played a role in Bennett’s murder even if he did not assault him.

Roberts admitted to participating in the planned theft by opening the shed, and while he used a key to enter the structure, the act was still breaking and entry, Ash said. Breaking and entry does not require violent action such as kicking down a door, he added.

In the recorded statements, Roberts said he helped the person who struck Bennett, allegedly Graham, carry him up a hill above the site’s parking lot so nobody could see him, Ash said.

In one interview Roberts also said that he heard Bennett utter “Oh, God, help me, help me,” as he was being carried, and then accepted a credit card taken from Bennett’s wallet, Ash said.

“Then he left him (Bennett) all that September night where he cannot be found,” Ash said to the jury.

In response to Roberts saying in another statement to police that he tried to call the park’s superintendent after the attack and could not contact him, Ash said, “Well, 911 is only three digits long.”

Attorney Michael Cooke said in the defense’s closing argument that a trial involving first-degree murder is not a popularity contest. It was not known if Roberts tried to call for help after the attack and while he said he went home and got drunk, he had not been criminally charged with that, Cooke said.

Roberts went to the park assuming Bennett would not be there, Cooke said. When another person beat Bennett, Roberts did not take part, and there is no evidence that he conspired to take Bennett’s wallet, Cooke said.

“I do not feel there is any way you can conclude Mr. Roberts participated in robbery,” Cooke said.

During the trial, Roberts said fear of Graham kept him from going to authorities. “He was scared to death,” Cooke said to the jury.

As for Graham testifying that he was not at Pinnacle Rock, Cooke said, “What did anyone expect? We did not expect him to sit there in that (witness) chair and say, ‘Yes, I picked up that board and I did it.’”

Sgt. M.A. Crowder of the West Virginia State Police said the investigation into Bennett’s murder is still underway and leads are being checked.