Suzie Schottelkotte @southpolkscene
BARTOW – A Polk County jury deliberated a little more than an hour Monday before convicting Michael Allen Gunn for his role in the January 2016 beating death of Robert Banks in Lakeland.
Gunn stood motionless, glancing down once, as the court clerk read the jury’s decision. Moments later, he sat down, dropped his head and buried his face in his hand.
Gunn, 27, is one of four defendants charged with fatally beating Banks, 31, and burning his body before leaving it in a wooded area of Sumter County. The other three defendants are brothers.
Nathan Johnson, 20, was found guilty of first-degree murder in August and is awaiting sentencing. Anthony Johnson and Brian Johnson Jr. are scheduled to stand trial together in April. Brian Johnson Sr., 49, pleaded to accessory after the fact for helping his sons dispose of Banks’ body. In a plea deal with prosecutors in May, he agreed to testify against his sons and Gunn, if needed, in exchange for an eight-year prison term. Prosecutors didn’t call him to testify in Gunn’s trial.
Soon after the verdict was announced Monday, Circuit Judge Jalal Harb sentenced Gunn to life in prison without parole – the only sentence available to Harb for the murder conviction because prosecutors weren’t seeking the death penalty.
In addition to the first-degree murder conviction, the seven men and five women on the jury found Gunn guilty of conspiracy to commit murder, tampering with evidence and abuse of a dead human body. They acquitted him of sexual battery.
Nathan Johnson was convicted in August of sodomizing Banks with a long-handle flashlight.
Harb imposed a life sentence for conspiracy, and five and 15 years, respectively, for the other two convictions.
Prosecutors have argued that the four men lured Banks to the Johnson home in January 2016 after the mother of the Johnson brothers, who had dated Banks, accused him of raping her. They beat and kicked him repeatedly, and Gunn was accused of beating him with a baseball bat.
In a taped confession to Lakeland Police detectives, Gunn said he stomped on Banks’ head and kicked him repeatedly.
“I got tired of using my hands and my feet, so I used a baseball bat,” Gunn said in his taped statement.
The jury heard Gunn’s confession during the trial, and they heard his motive. “I really didn’t like him because he wasn’t my color,” he said in the statement, “and if I could do it again, I will.”
Assistant State Attorney Mark Levine reminded the jury of Gunn’s motive Monday when he repeated parts of that confession during his closing argument.
Bartow lawyer Robert Norgard didn’t present any witnesses during the trial, but relied on his cross-examination of the state’s witnesses. Gunn didn’t take the stand.
During Monday’s sentencing, Lisa Taylor of Orlando spoke on behalf of Debbie Odum Gardner, Banks’ mother, asking the judge to impose a sentence that would keep Gunn behind bars for the rest of his life. But Gunn interrupted her comments.
“You sentenced Mr. Robert to death,” Taylor said to Gunn. “You sentenced him without a trial.”
“You’re wrong,” Gunn replied from the jury box, where he was sitting with Norgard.
“You did this,” she said, as Gunn interrupted her again saying, “You’re wrong.”
With that, Harb stepped in and addressed the defendant.
“Mr. Gunn, keep your mouth shut. Do you understand that?” he said.
“I’m sorry,” Gunn responded. “I apologize. I’m sorry.”
After the sentencing, Gardner said she believes Gunn was motivated by racial hatred.
“He said on the video that he didn’t like (Banks) from Day 1 because of the color of his skin,” she said, “so my son didn’t have a chance.”
Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533-9070. Follow her on Twitter @southpolkscene.
Suzie Schottelkotte @southpolkscene
BARTOW – A Polk County jury deliberated a little more than an hour Monday before convicting Michael Allen Gunn for his role in the January 2016 beating death of Robert Banks in Lakeland.
Gunn stood motionless, glancing down once, as the court clerk read the jury’s decision. Moments later, he sat down, dropped his head and buried his face in his hand.
Gunn, 27, is one of four defendants charged with fatally beating Banks, 31, and burning his body before leaving it in a wooded area of Sumter County. The other three defendants are brothers.
Nathan Johnson, 20, was found guilty of first-degree murder in August and is awaiting sentencing. Anthony Johnson and Brian Johnson Jr. are scheduled to stand trial together in April. Brian Johnson Sr., 49, pleaded to accessory after the fact for helping his sons dispose of Banks’ body. In a plea deal with prosecutors in May, he agreed to testify against his sons and Gunn, if needed, in exchange for an eight-year prison term. Prosecutors didn’t call him to testify in Gunn’s trial.
Soon after the verdict was announced Monday, Circuit Judge Jalal Harb sentenced Gunn to life in prison without parole – the only sentence available to Harb for the murder conviction because prosecutors weren’t seeking the death penalty.
In addition to the first-degree murder conviction, the seven men and five women on the jury found Gunn guilty of conspiracy to commit murder, tampering with evidence and abuse of a dead human body. They acquitted him of sexual battery.
Nathan Johnson was convicted in August of sodomizing Banks with a long-handle flashlight.
Harb imposed a life sentence for conspiracy, and five and 15 years, respectively, for the other two convictions.
Prosecutors have argued that the four men lured Banks to the Johnson home in January 2016 after the mother of the Johnson brothers, who had dated Banks, accused him of raping her. They beat and kicked him repeatedly, and Gunn was accused of beating him with a baseball bat.
In a taped confession to Lakeland Police detectives, Gunn said he stomped on Banks’ head and kicked him repeatedly.
“I got tired of using my hands and my feet, so I used a baseball bat,” Gunn said in his taped statement.
The jury heard Gunn’s confession during the trial, and they heard his motive. “I really didn’t like him because he wasn’t my color,” he said in the statement, “and if I could do it again, I will.”
Assistant State Attorney Mark Levine reminded the jury of Gunn’s motive Monday when he repeated parts of that confession during his closing argument.
Bartow lawyer Robert Norgard didn’t present any witnesses during the trial, but relied on his cross-examination of the state’s witnesses. Gunn didn’t take the stand.
During Monday’s sentencing, Lisa Taylor of Orlando spoke on behalf of Debbie Odum Gardner, Banks’ mother, asking the judge to impose a sentence that would keep Gunn behind bars for the rest of his life. But Gunn interrupted her comments.
“You sentenced Mr. Robert to death,” Taylor said to Gunn. “You sentenced him without a trial.”
“You’re wrong,” Gunn replied from the jury box, where he was sitting with Norgard.
“You did this,” she said, as Gunn interrupted her again saying, “You’re wrong.”
With that, Harb stepped in and addressed the defendant.
“Mr. Gunn, keep your mouth shut. Do you understand that?” he said.
“I’m sorry,” Gunn responded. “I apologize. I’m sorry.”
After the sentencing, Gardner said she believes Gunn was motivated by racial hatred.
“He said on the video that he didn’t like (Banks) from Day 1 because of the color of his skin,” she said, “so my son didn’t have a chance.”
Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533-9070. Follow her on Twitter @southpolkscene.
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