Prosecutor: Agreement opens door to 'bring to justice others'
Written By: Josh Dooley
In a stunning move, Gary Wayne Parks’ capital murder trial ended Monday when he pleaded no contest to killing Dr. David Millstein. He was found guilty and received a 30-year sentence with 10 years suspended for first-degree murder on the condition he cooperate with authorities as they continue investigating the case.
Parks, 42, had been on trial since March 25 in Baxter County Circuit Court for the June 2006 murder of Millstein, his 62-year-old stepfather, a Mountain Home urologist. He could have been sentenced to life imprisonment without parole if convicted on the capital murder charge.
Monday’s session was to have begun with Circuit Judge John Putman expected to rule whether the jury would be allowed to hear testimony from a former Baxter County jailer who said Parks confessed to her that he killed his stepfather. However, while the jury was sequestered in a separate room, Baxter County Prosecutor Ron Kincade and Deputy Prosecutor Kerry Chism moved back and forth between Putman’s chambers and the office occupied by Parks and his defense team — attorneys Danny Glover and Joe Perry.
Shortly after 10 a.m., with the jury still out of the room, Parks and his attorneys joined Putman in the courtroom. Putman asked Kincade if a plea agreement had been reached, and Kincade indicated an agreement had, indeed, been reached.
When Putman asked if he was pleading no contest to first-degree murder, Parks, in a low voice, responded, “Yes, sir.”
Putman then went through the rights Parks was giving up with the plea, including the right to appeal. After going over the plea with Parks, Putman asked Kincade if the agreement served the interests of justice.
“Your honor, if I may make a statement about that,” Kincade said, before proceeding. “I have come to this decision with some reluctance, and all of my staff is not in agreement. I do think we’ve presented evidence to the jury to prove that this defendant killed Dr. Millstein.”
“I do this for the family of Dr. Millstein, specifically Aaron and Richard (Millstein’s biological sons).
No one in this room, or this community, has lost more than these two young men. This assures one, a conviction. There’s no appeal, the family will have closure,” Kincade told the judge. “I’m well aware the defense has evidence to present, and the case is only half over. We owe a debt to the family.”
“It gives us an opportunity to examine and potentially bring to justice others who may have been involved in the murder of Dr. Millstein,” added Kincade. “This plea provides that opportunity.”
Putman then asked Parks’ attorneys if they had gone over the the potential ramifications with Parks. Glover and Perry said they had discussed all the relevant matters with Parks prior to him signing off on the agreement.
In response to Putman asking what sentence the state recommended, Kincade listed the time prosecutors wanted Parks to serve in jail. In addition, Kincade also set out what authorities wanted from Parks in the way of information.
“Judge, the state’s recommending 30 years in the Arkansas Department of Corrections, 10 of those years suspended with 20 years to do, that he will provide truthful testimony and cooperation against any accomplices or co-defendants that may have been involved in the murder of Dr. Millstein,” Kincade said.
Putman asked Parks if he had anything to say before sentencing.
In a low voice, Parks replied, “No, sir.”
“Let me just say this,” Putman began. “I practiced law both as a defense attorney and as a deputy prosecutor, and I think I understand criminal law. I think I understand trying cases, and I know that there’s a lot to be argued on both sides of this case.
“Sometimes there has to be compromise. Given this crime, and the way it was committed, the only reason — the only reason — I’m accepting this plea is because of an agreement of full cooperation against potential co-conspirators or accomplices. That is the reason I’m willing to go with this,” said Putman.
After a day of jury selection and through the course of four days of testimony, more than 35 witnesses testified and more than 100 pieces of evidence were introduced by the prosecution. Before the plea agreement was announced, prosecutors had a computer with speakers set up Monday morning, the same gear they used to play a clandestine recording made by police of a conversation between Parks and Charles Enoch Miller, a friend of Parks.
Prosecutors told the court they had three more recordings they wanted to play to the jury.
Millstein Murder Timeline
• June 18, 2006 — Mountain Home police discover Dr. David Millstein’s body after being asked to check on his welfare.• Dec. 8, 2009 — Police arrest Gary Wayne Parks on a charge of capital murder for the stabbing death of Millstein, his stepfather.
• January 2012 — Baxter County Prosecutor Ron Kincade announces the state will not seek the death penalty for Millstein’s murder.
• 2011-2012 — Parks’ trial is delayed three times, twice at the request of defense attorneys who asked for more preparation time and once because of new testimony expected to be presented.
• March 25, 2013 — Gary Wayne Parks’ capital murder trial begins with jury selection.
• April 1, 2013 — Gary Wayne Parks enters a no-contest plea to a reduced charge of first-degree murder and is sentenced to 30 years in prison, with 10 years suspended if he cooperates with investigators who say he may have had help in planning Millstein’s death, and want Parks to tell them about any accomplice or co-conspirator.
