Hammer killer pleads guilty
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POLSON — Desmond MacKay, 36, Polson, charged in March 2014 with deliberate homicide in the death of John Barrows, appeared before Judge Deborah Kim Christopher Thursday and pleaded guilty to mitigated deliberate homicide.
The charge drew discussion due to the court’s “significant reservations” in regard to the use of “mitigated.”
While deliberate homicide is punishable by death or life imprisonment, mitigated homicide carries a maximum imprisonment of 40 years and not less than two years, plus fines up to $50,000, which “may be” a lesser offense than deliberate homicide, according to court documents.
On March 5, 2014, MacKay struck Barrows in the back of the head with a framing hammer, although he was attempting to strike Jess Waugh in a surprise attack, according to court documents. After MacKay said, “oh s—-, sorry,” he then attacked Waugh with the hammer, but Waugh was able to deflect the hammer blow with his arm. Although the hammer injured Waugh’s arm and neck, he was able to wrestle MacKay to the ground until police arrived. Barrows was unresponsive when police arrived. He was flown to a Kalispell hospital, where he died March 15, 2014.
MacKay stated in court documents that he hated Waugh and meant to hit him with the hammer because Waugh owed him money.
MacKay’s plea agreement recommends he be committed to the Department of Corrections for the maximum amount of time with none suspended, plus an additional 20 years on the assault charge. Both would run concurrently and MacKay would be credited for the time he’s already served in Lake County Jail.
Christopher made it clear that she is not bound by the plea agreement and will wait and review the PSI prior to sentencing. Christopher also offered MacKay the option of proceeding to a trial.
MacKay opted to continue with admissions, pleading guilty to one count of felony mitigated deliberate homicide and one a count of felony assault with a weapon.
MacKay’s sentencing date is Thursday, May 28.
