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Formal charges have been filed against two Rosston men accused of the October, 2006, murder of a Hope man who was wanted by authorities at the time in connection with the death of his mother.
Jared Dundee, 28, and Jesse L. Whatley, 29, are accused of first degree murder in the death of Jon Michael Fincher, 37, of Hope, on or about Oct. 31, 2006.
Felony informations filed Dec. 7 against both men accuse them each of acting “alone or with the assistance of accomplice...”, thereby, charging both men with direct and accomplice liability for the crime.
Both men have pleaded not guilty in pretrial hearings.
Although both Dundee and Whatley have been formally charged with first degree murder, and enhanced sentencing in consequence of a conviction sought for both, Eighth Judicial District-North Prosecutor Christi McQueen is seeking major habitual offender enhancement against Dundee.
“The State contends that this defendant should receive an extended term of imprisonment under the terms and provisions of ACA Section 5-5-501 as he has four or more felony convictions,” the filing in Dundee's case states.
As a result of the large habitual offender filing against Dundee, the state is seeking a penalty of imprisonment for not less than 10 years nor more than life in his case.
That differs from the penalty sought in Whatley's case, which is imprisonment for not less than 10 years nor more than 40 years or life.
McQueen said Friday the distinction is one degrees of offense recognized under Arkansas law, where defendants charged are recognized as having habitually violated the law and been convicted of such.
She said small habitual offenders with more than one but less than four felony convictions may have a subsequent sentence from a felony conviction enhanced by up to 10 years. Large habitual offenders with four or more felony convictions may have a subsequent felony conviction sentence enhanced up to 20 years.
McQueen made no specific recommendation as to the enhancement for Dundee under the habitual offender statute. She said Dundee has been convicted of felony offenses in Nevada, Hempstead and Lafayette counties.
Both Dundee and Whatley also face the possibility of enhanced sentencing upon any conviction under a recommendation by McQueen regarding the use of a firearm in the commission of a felony. That enhancement, sought equally for both men, is recommended at 15 years additional imprisonment.
Dundee has posted bond in Nevada County Circuit Court, stemming from a Dec. 7, bond hearing in which Eighth Judicial District-North Circuit Judge Randy Wright set bond at $250,000 corporate surety, plus a condition of weekly reporting to the Nevada County Probation Department.
Dundee returns to court on Jan. 11, 2012, for trial date scheduling, and he has retained Louis Loyd, of Malvern, to represent him.
Whatley remains in custody in Hempstead County, without bond, and is scheduled to return to court Feb. 6, 2012. He has retained Billy Moritz, of Hope, to represent him.
Dundee will be tried before Eighth Judicial District-North Circuit Judge Duncan Culpepper, and Whatley will be tried before Wright.
Remains found in Nevada County, and later positively identified as those of Jon Michael Fincher, were identified through DNA analysis by the University of North Texas in Dallas, Texas, based upon a DNA sample which Fincher had given to authorities in connection with the death of his mother, Donna.
Jon Fincher's remains were found about a half-mile from a pond near Nevada County Road 5 where investigators had searched in June, 2007, in connection with his disappearance after his mother's death.
Hope Police Department investigators were convinced Fincher murdered his mother, shooting her inside her Pine Street residence in September, 2006.
Jon Michael Fincher subsequently disappeared in October, 2006, with an open HPD arrest warrant issued for him in connection with Mrs. Fincher's death.
That warrant was subsequently recalled, and no warrants were ever issued for other suspects in connection with Mrs. Fincher's murder.
Formal charges have been filed against two Rosston men accused of the October, 2006, murder of a Hope man who was wanted by authorities at the time in connection with the death of his mother.
Jared Dundee, 28, and Jesse L. Whatley, 29, are accused of first degree murder in the death of Jon Michael Fincher, 37, of Hope, on or about Oct. 31, 2006.
Felony informations filed Dec. 7 against both men accuse them each of acting “alone or with the assistance of accomplice...”, thereby, charging both men with direct and accomplice liability for the crime.
Both men have pleaded not guilty in pretrial hearings.
Although both Dundee and Whatley have been formally charged with first degree murder, and enhanced sentencing in consequence of a conviction sought for both, Eighth Judicial District-North Prosecutor Christi McQueen is seeking major habitual offender enhancement against Dundee.
“The State contends that this defendant should receive an extended term of imprisonment under the terms and provisions of ACA Section 5-5-501 as he has four or more felony convictions,” the filing in Dundee's case states.
As a result of the large habitual offender filing against Dundee, the state is seeking a penalty of imprisonment for not less than 10 years nor more than life in his case.
That differs from the penalty sought in Whatley's case, which is imprisonment for not less than 10 years nor more than 40 years or life.
McQueen said Friday the distinction is one degrees of offense recognized under Arkansas law, where defendants charged are recognized as having habitually violated the law and been convicted of such.
She said small habitual offenders with more than one but less than four felony convictions may have a subsequent sentence from a felony conviction enhanced by up to 10 years. Large habitual offenders with four or more felony convictions may have a subsequent felony conviction sentence enhanced up to 20 years.
McQueen made no specific recommendation as to the enhancement for Dundee under the habitual offender statute. She said Dundee has been convicted of felony offenses in Nevada, Hempstead and Lafayette counties.
Both Dundee and Whatley also face the possibility of enhanced sentencing upon any conviction under a recommendation by McQueen regarding the use of a firearm in the commission of a felony. That enhancement, sought equally for both men, is recommended at 15 years additional imprisonment.
Dundee has posted bond in Nevada County Circuit Court, stemming from a Dec. 7, bond hearing in which Eighth Judicial District-North Circuit Judge Randy Wright set bond at $250,000 corporate surety, plus a condition of weekly reporting to the Nevada County Probation Department.
Dundee returns to court on Jan. 11, 2012, for trial date scheduling, and he has retained Louis Loyd, of Malvern, to represent him.
Whatley remains in custody in Hempstead County, without bond, and is scheduled to return to court Feb. 6, 2012. He has retained Billy Moritz, of Hope, to represent him.
Dundee will be tried before Eighth Judicial District-North Circuit Judge Duncan Culpepper, and Whatley will be tried before Wright.
Remains found in Nevada County, and later positively identified as those of Jon Michael Fincher, were identified through DNA analysis by the University of North Texas in Dallas, Texas, based upon a DNA sample which Fincher had given to authorities in connection with the death of his mother, Donna.
Jon Fincher's remains were found about a half-mile from a pond near Nevada County Road 5 where investigators had searched in June, 2007, in connection with his disappearance after his mother's death.
Hope Police Department investigators were convinced Fincher murdered his mother, shooting her inside her Pine Street residence in September, 2006.
Jon Michael Fincher subsequently disappeared in October, 2006, with an open HPD arrest warrant issued for him in connection with Mrs. Fincher's death.
That warrant was subsequently recalled, and no warrants were ever issued for other suspects in connection with Mrs. Fincher's murder.
