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4/01/2013

Parks enters no contest plea

http://ktlo.com/wire/newsmon/03126_PARKS_ENTERS_NO_CONTEST_PLEA_124042.php

Written by: Ray Dean Davis

In a surprise move this morning in Baxter County Circuit Court capital murder defendant Gary Wayne Parks entered a no contest plea to a reduced charge of first degree murder. In accordance with the agreement, Circuit Judge John Putman sentenced Parks to 30 years in prison, with 10 years suspended. Parks will also be given credit for the slightly more than three years he has served in the Baxter County Detention Center.

     In addition, as part of the plea agreement, Parks agreed to cooperate with authorities in any future cases involving accomplices or co-conspirators in the 2006 murder of Dr. David Millstein of Mountain Home.

Ray Dean Davis has more on the story.

The plea came on what would have been the fifth day of testimony in the case. Judge Putman said the only reason he was accepting the plea agreement was due to the part of it that requires Parks' cooperation in further investigation of the crime.

Prosecutor Ron Kincade said it was with some reluctance that he came to the decision to agree with the plea. He said some of his staff was not in agreement with the decision.

Kincade said he decided to go along with it for the Millstein family, specifically Dr. Millstein's sons, Aaron and Richard. He said the family has suffered enough in the matter. He said he had spoken with family members and believed they agreed with the decision.

Kincade also said the plea gives authorities an opportunity to look at others who may have been involved in the crime.

Parks answered yes and no questions from the judge concerning the plea. When asked if he had anything to say before sentencing, Parks quietly answered no.

The charge of first-degree murder could have carried a sentence of 10 to 40 years or life in prison. Parks was also ordered to pay $470 in court related fees.

His no contest plea means he isn't admitting guilt in the murder, but acknowledges that the state might have enough evidence to convict him if the case went to the jury. He will not be able to appeal the plea and he will be eligible for parole at some point.

Parks was charged with the stabbing death of Dr. Millstein, his stepfather, in June of 2006 at the Millstein residence in Mountain Home. The prosecution had presented four days worth of testimony from witness. The defense had not yet presented its case.