Calloway found guilty in woman’s 1993 disappearance

Aug. 07--HARTFORD -- After a three-day trial, an Ohio County jury found Debra A. Calloway guilty of helping her now-deceased husband kill Patricia "Patsy" Calloway in 1993.

The jury found Debra Calloway guilty of facilitation to commit murder, complicity in tampering with physical evidence and facilitation to retaliate against a witness in a legal proceeding.

The jury recommended Debra Calloway serve 10 years in prison.

The jury chose not to deal out a much harsher conviction. The jury instructions gave jurors the option of convicting Debra Calloway of complicity to commit murder, which carries the same penalty range as murder.

To convict a person of complicity to commit murder in Kentucky, jurors must find the defendant intended the victim to die.

Facilitation, however, is defined as providing the "means and opportunity for the commission of a crime" and aiding in the offense, but does not mention intent. Although murder is a capital offense, state law makes facilitation to commit murder a class D felony.

"The verdict was a surprise. I expected a verdict on the (complicity to commit) murder charge," said Shane Calloway, Patsy Calloway's son.

"I'm happy with the outcome thus far," Shane Calloway said, after Debra Calloway had been convicted, but before she was sentenced. "She's 60 and in bad health. She had her life to live (and) she took my mother. I'm thinking an eye for an eye; if she has to spend the rest of her life in jail, so be it."

Debra Calloway was charged with murder, retaliation, tampering and kidnapping in the March 3, 1993 disappearance of Patsy Calloway. The kidnapping charge was dismissed during trial.

Throughout the three-day trial, Commonwealth's Attorney Tim Coleman argued and her husband Vernon Calloway killed Patsy Calloway because they were afraid she was going to tell law enforcement about a 1991 arson that was planned by Debra and Vernon Calloway and Vernon's brother, Larry Calloway.

Debra and Vernon Calloway were indicted on the charges in late 2012, but Vernon Calloway died in July 2013. Vernon Calloway's sister, Mildred Dunning, told jurors her brother confessed to killing Patsy Calloway shortly before his death.

At trial, Larry Calloway testified he, Vernon and Debra Calloway planned the arson of Larry and Patsy Calloway's home, so Vernon and Larry Calloway could collect the insurance money. Patsy Calloway was not involved in the arson, Larry Calloway said.

Larry Calloway pleaded guilty to the arson in 1995, but Vernon Calloway was found not guilty of the charge in 1996.

In his closing argument Wednesday morning, Coleman said Debra and Vernon Calloway planned Patsy Calloway's murder, because Patsy, who was Larry Calloway's ex-wife but still lived with him, had told people she would tell police about the arson plan if Larry Calloway did not break off relations with his girlfriend.

On Feb. 25, 1993, the Messenger-Inquirer published a marriage license for Larry Calloway and his girlfriend, Coleman said.

"Vernon Calloway had this (news)paper. He knew it was about to hit the fan," Coleman said. "... She (Patsy) was telling people, 'if Larry doesn't straighten up, I'm going to the authorities."

Patsy Calloway's coworkers testified they saw Vernon Calloway and Patsy Calloway in the parking lot of the nursing home, where she worked, at 10:30 a.m. on March 3. A witness said she saw a newspaper being shown, and witnesses said they saw Patsy Calloway leave in Vernon Calloway's vehicle.

Coleman said it was part of Debra and Vernon's plan that Vernon confront Patsy with the newspaper while Patsy was at work, so Vernon could convince her to come with him.

Ricky Calloway, Vernon Calloway's son, testified Tuesday that Vernon and Debra Calloway came to the hospital in Ohio County around noon on March 3 to see Ricky and his wife's baby, which had been born that morning.

"It was cold" to kill Patsy Calloway and then go to the hospital, Coleman said. "But they needed an alibi."

During trial, two witnesses reported seeing a woman dressed in a trench coat similar to Patsy Calloway's, with similar hair, walking along U.S. 231 the day Patsy Calloway disappeared. Another witness testified seeing a trench coat and wig with Patsy Calloway's hair color in Debra Calloway's home some time after the incident.

Coleman said Debra Calloway walked down the road dressed like Patsy Calloway, so people would think Patsy had walked off and disappeared after learning Larry Calloway was marrying another woman.

"Why did they do that? They had to ... establish (Patsy) had been seen somewhere other than the nursing home," Coleman said.

A main witness at trial was James Calloway, one of Vernon Calloway's brothers. James Calloway testified he saw Patsy Calloway's body in the back of Vernon's truck on March 3, and that he saw Debra and Vernon Calloway cleaning out the truck and pulling out the carpeting.

Sgt. Bryan Whittaker of the Kentucky State Police testified James Calloway's statement about the truck fit with a search of Vernon Calloway's truck that was conducted shortly after Patsy Calloway disappeared.

Defense attorney John Austin, in his closing statement, told jurors James Calloway was charged with burglary in 2005 and has pleaded guilty, but has not been sentenced because he was allowed to be free until he could testify at Debra Calloway's trial.

"When did Jimmy Calloway tell that? When Jimmy Calloway wanted to stay out of jail," Austin said. James Calloway did not come forward with his statement about seeing Patsy Calloway's body until 2008.

If James Calloway had known about Patsy Calloway's murder in 1993, "that's not something you hold under your hat until you're in trouble," Austin said. "Apparently, he knew the right words to say (to investigators) and that's the only person who claims to have seen any physical evidence that Patsy passed away."

Patsy Calloway's body was never found, although Vernon Calloway buried a letter in his yard that included a rough map and instructions to the body, according to testimony that came up during the trial.

"Let's start by deciding what it is that happened," Austin said. "Was there a murder? There's no body." Coleman said Patsy Calloway had close relationships with her children and family, and that it was inconceivable she would leave the region and never contact her family again.

Austin said Vernon Calloway's letter says Vernon alone killed Patsy Calloway, and that Debra had no part in the incident.

"What evidence did you hear of (Debra) doing anything to bring about the death of Patsy Calloway?" Austin asked.

Jurors deliberated for four and a half hours before finding Debra Calloway guilty. Complicity to tamper with physical evidence and facilitation to commit murder are both punishable by up to five years in prison, while facilitation to retaliate against a participant in a legal process is a misdemeanor.

The jury recommended Calloway serve two consecutive five-year sentences. The misdemeanor sentence will run concurrently with the felonies. She is scheduled to be sentenced Sept. 4 in Ohio Circuit Court.

After the sentencing, Austin said he "absolutely" would appeal the case to the Court of Appeals.

"I think it's an unfortunate decision," Austin said of the verdict. "I disagree with it."

Coleman said: "It's always difficult to try a case that happened more than 20 years ago. Thankfully, we had a good investigation by the Kentucky State Police ... We're pleased we were able to provide the family with some closure."

Shane Calloway said the verdict was "closure for me," and said he was sorry Vernon Calloway died before he was brought to trial.

"He should have died in jail," Shane Calloway said.

James Mayse, 691-7303, [email protected]

___

(c)2014 the Messenger-Inquirer (Owensboro, Ky.)

Visit the Messenger-Inquirer (Owensboro, Ky.) at www.messenger-inquirer.com

Distributed by MCT Information Services