Kenneth Bartley

Case record

Defendant: Kenneth Bartley Jr., 15-year-old student (also referred to as Kenneth Bartley, now 15, and Kenneth S. Bartley; a 14-year-old at the time of the June 8, 2006 indictment)

Victims:

• Assistant Principal Ken Bruce (died of sustained critical injuries)
• Principal Gary Seale (seriously injured; shot in the groin area)
• Assistant Principal Jim Pierce (seriously injured; shot in the arm and the round entered his lung)

Other named individuals:

• Principal Gary Seale
• Assistant Principal Jim Pierce
• District Attorney General Paul Phillips
• Assistant defense counsel Mike Hatmaker (former attorney; later identified as Bartley’s attorney)
• Judge Jon Kerry Blackwood
• Special Juvenile Court Judge Michael Davis
• Dr. Vance Sherwood
• Knoxville psychologist Diana McCoy
• Assistant Principal Jim Pierce (also quoted)
• Jo Bruce (widow of Ken Bruce)
• Bruce’s sons, Chris Bruce and Patrick Bruce
• Campbell County Sheriff Ron McClellan
• Campbell County Chief Deputy Charles Scott
• Richard L. Bean Juvenile Service Center (held Bartley pending trial)
• Tennessee Bureau of Investigation Agent Steve Vinsant (lead investigator)
• Deputy Darrell Mongar
• Sheriff’s daughter, Amy Hamac (noted as a lead investigator)

Timeline

• November 8, 2005 — 15-year-old student Kenneth Bartley Jr. was confronted by principal Gary Seale about whether he carried a firearm on school campus.
• November 8, 2005 — Bartley allegedly pulled a .22-caliber handgun under a napkin, told Seale, "Yes, it's real. I'll show you. I never liked you anyways," and opened fire on assistant principal Ken Bruce, principal Gary Seale, and assistant principal Jim Pierce.
• November 8, 2005 — Ken Bruce died after sustained critical injuries; Gary Seale and Jim Pierce were shot and taken for medical treatment.
• February (year not stated) — A Campbell County grand jury returned the indictment against Bartley.
• February (year not stated) — Special Juvenile Court Judge Michael Davis ordered Bartley to stand trial as an adult.
• June 8, 2006 — A grand jury returned a seven-count indictment charging Kenneth S. Bartley with first-degree murder and attempted murder counts, plus other offenses.
• July 2, 2007 — Judge Jon Kerry Blackwood rejected Kenneth Bartley’s request to withdraw his April guilty plea.
• April 10, 2007 — Kenneth Bartley Jr. pleaded guilty to a single count of second-degree murder and two counts of attempted second-degree murder and was sentenced to 45 years in prison.

Background

Kenneth Bartley was described as a troubled teenager who was ordered to stand trial as an adult after juvenile proceedings. Special Juvenile Court Judge Michael Davis said the risk to the public was greater than the odds that another stint in the juvenile court system would turn Bartley into a productive citizen.

The proceedings included testimony and debate about Bartley’s mental state and whether he could be rehabilitated in the juvenile system.

Special Juvenile Court Judge Michael Davis said:

"Mr. Bartley himself has avoided treatment efforts."

Davis cited what he described as a significant delinquent record, including what he said were attacks on Bartley’s mother and father, an attack on a neighbor, an attack on a youth who had not paid for drugs the youth bought from Mr. Bartley, and an assault at Mountain View (Youth Development Center).

Davis stated:

"We see Mr. Bartley has a significant delinquent record," "There's an attack on his mother and father, an attack on a neighbor, an attack on a youth who had not paid for drugs he bought from Mr. Bartley and, more recently, an assault at Mountain View (Youth Development Center)."

He added:

"The risk to the public is greater than the odds that another stint in the juvenile court system will turn the teenager a productive citizen."

Davis also ordered Bartley to stand trial as an adult.

The defense attorney Michael Hatmaker acknowledged that, under juvenile law, the decision whether Bartley should be tried as an adult turned on what was going on in Bartley’s head rather than only what Bartley did.

Hatmaker said:

"It really boils down to two factors,"

He said on one factor:

"He (Bartley) did it,"

Hatmaker framed the key dispute as whether Bartley was amenable to treatment:

"Is he amenable to treatment?" "That’s the issue."

The state presented Dr. Vance R. Sherwood as an expert; Hatmaker challenged Sherwood’s assessment and noted Sherwood characterized Bartley as a psychopath, which Hatmaker said was a diagnosis not recognized by the DSM.

Hatmaker stated:

"as a psychopath, a diagnosis not even recognized by the DSM," referring to the "Diagnostic and Statistical Manual of Mental Disorders" published by the American Psychiatric Association.

Hatmaker argued:

"If you want to take (Sherwood's) word, then you transfer him," "If you don't want to transfer him, you have the testimony of seven people, five of whom were called by the state, (who all say) he's treatable as a juvenile." "That's the question. Is he treatable as a juvenile? Yes, he is, overwhelmingly. Treat him as a juvenile."

The offence

On November 8, 2005, 15-year-old student Kenneth Bartley Jr. was confronted by principal Gary Seale on whether he carried a firearm on school campus.

Bartley allegedly pulled a .22-caliber handgun under a napkin. Bartley stated:

"Yes, it's real. I'll show you. I never liked you anyways,"

Bartley proceeded to open fire on assistant principal Ken Bruce and principal Gary Seale and assistant principal Jim Pierce, who were present in the room.

Ken Bruce died of sustained critical injuries. Seale was shot in the groin area and was listed in serious condition. Pierce was shot in the arm, and the round entered his lung; Pierce was listed in critical condition.

During testimony summarized in coverage, Deputy Darrell Mongar testified that Bartley had taken two pills of Xanax, a prescription sedative, before the shooting and had 10 more in his pocket. Other testimony described a plan to bring a gun to school to trade for OxyContin. Bartley’s gun was described as a .22-caliber semiautomatic pistol, about the size of a Saturday night special that could fit in the palm of an adult’s hand.

Pierce testified that Bartley brandished an unloaded gun when Pierce ordered him to turn over the contents of his pocket, and Bartley grew agitated when Seale also reached for the weapon. According to Pierce’s testimony, when Seale asked Bartley if the gun was real, Bartley responded:

"I'll show you. I never liked you anyway."

Pierce then testified that Bartley withdrew an ammunition clip from his other pocket, loaded it into the gun, and opened fire.

Investigation

Campbell County Sheriff Ron McClellan said that the shooting occurred after school administrators were tipped that Bartley had a handgun. The sheriff said investigators were still piecing together evidence after the shooting.

McClellan said agents from the Tennessee Bureau of Investigation were assisting and set up a mobile crime lab at the high school to help process evidence.

Authorities used K-9 dogs from law enforcement agencies across the area to search the high school after the 1,400 students got out.

The sheriff said that once the building was cleared, K-9s would be used to clear the school of any weapons or narcotics.

The sheriff said the lead investigator was his daughter, Amy Hamac, and noted her connection to the victims.

McClellan stated:

"I just told her to stay focused and to keep the emotional stuff out of it,"

and said:

"It affects the whole community because the parents know the teachers and now the teachers know our kids,"

as attributed to Ida Monday.

McClellan said:

"I've heard all kinds of things, but I can't confirm that right now without talking to my investigators,"

in relation to reporting about Bartley taking the gun to trade for pills.

Agents were assisting in the investigation and a mobile crime lab was set up. The school did not have metal detectors but had a security officer employed by the board of education. School officials said the building was equipped with surveillance cameras; authorities had not reviewed the recordings to determine if the cameras captured anything.

A Campbell County grand jury later charged Bartley.

Arrest / custody

Bartley was being held Tuesday night in the Richard L. Bean Juvenile Service Center in Knoxville.

Authorities described Bartley as a suspect confronted in an office area away from other students.

McClellan said the gun was wrested away by another teacher before Bartley could endanger other students.

During the struggle, McClellan said a bullet grazed Bartley’s right hand, causing a bleeding wound. Bartley was treated at the same hospital in LaFollette where Bruce died.

Charges / indictment

November 2005 / expected charges

McClellan said he expected formal criminal charges to be filed after gathering statements and evidence.

June 8, 2006 indictment (seven-count indictment)

A grand jury returned a seven-count indictment against a 14-year-old boy ordered to stand trial as an adult.

The indictment included:

• First-degree murder in the killing of assistant principal Ken Bruce
• An alternative count of felony murder in which Bartley was accused of killing Bruce during the attempted murders of Seale and Pierce
• Two counts of attempted murder, naming:
  • Jim Pierce as the victim
  • Gary Seale as the victim
• Bringing a weapon onto school property
• Possession of Valium with the intent to sell the prescription sedative or distribute the pills

District Attorney General Paul Phillips said he would not seek a sentence of life without parole if Bartley was convicted of either murder charge.

Phillips stated:

"In our opinion, the punishment that is appropriate in this case would be life,"

Phillips added that under state law a convicted killer sentenced to life with the possibility of parole must serve 51 years before eligible for release, and that because Bartley was not an adult, state law barred the death penalty.

Bartley was held pending trial at the Richard Bean Juvenile Service Center in Knoxville.

Trial and plea

Judge Jon Kerry Blackwood approved a plea agreement after struggling a half-day with jury selection.

Bartley’s plea agreement included:

• A guilty plea to second-degree murder in the fatal shooting of Campbell County Comprehensive High School assistant principal Ken Bruce (48)
• Two guilty pleas to attempted second-degree murder in the shootings of Jim Pierce and principal Gary Seale

The judge ended the trial after accepting the plea.

Hatmaker said:

"It was the hardest case I've ever been involved in."

Hatmaker said Bartley wanted to apologize in private to Jo Bruce, widow of Ken Bruce, Seale and Pierce.

Hatmaker stated:

"He said that he didn't mean to do what he did,"

Pierce later said:

"We told him we forgive him ? our lives will never be the same."

Pierce said he accepted Bartley’s apology and described it in reporting.

In a recounting of the apology given in judge’s chambers shortly before the plea deal was announced, Assistant Principal Jim Pierce said:

"He wished he hadn't done it, and he wished he could take it all back,"

Jo Bruce stated she did not want to discuss what went on in the closed-door meeting.

Jo Bruce said:

"I did tell him that I know Ken forgave him,"

in relation to Ken Bruce forgiving Bartley.

Jo Bruce stated:

Pierce said he accepted Bartley’s apology:

The announcement followed meetings among Bartley, Hatmaker, prosecutor Paul Phillips, the victims and victims’ families.

Hatmaker told Phillips:

"He wants to apologize,"

and Hatmaker had approached Phillips after a private meeting:

After that meeting, Blackwood announced the plea agreement to the courtroom.

Bartley testified when later appearing on the withdrawal request and rattled off the charges he originally faced.

Bartley stated:

"First degree murder, first degree felony murder, two first degree attempted murders.'"

Later in the proceedings about withdrawing his plea, Bartley responded to questions about a turned-down deal and why he accepted the plea.

The attorney asked:

"On March 25th you turned down a deal that was 25 years for second degree murder and 10 years and 10 years for attempted second degree murder."

Bartley replied:

"Yes sir."

The attorney asked:

"On April 10th you said I'll take the deal. Why?,"

Bartley answered:

"I was scared cause I was looking at two life sentences."

Prosecutor Paul Phillips asked during the proceeding:

"Any question in your mind?"

Mike Hatmaker responded:

"No,"

ascribed to Hatmaker.

The plea deal resulted in sentences described as follows:

• 25 years for second-degree murder
• Two 10-year sentences for attempted second-degree murder

The coverage stated Bartley would have to serve 85 percent of the 25-year sentence and 20 percent of each of the 10-year sentences, totaling about 25 years.

The coverage stated he was facing a minimum 51-year sentence if convicted of first-degree murder in the slaying of Bruce.

Sentencing

On April 10, 2007, Kenneth Bartley Jr.

In the plea proceedings, Special Judge Jon Kerry Blackwood approved the sentences.

The record also described that Bartley’s 45-year sentence was 6 years fewer than if convicted of first-degree murder.

Appeals / motions

Bartley later sought to withdraw his guilty plea.

Judge Jon Kerry Blackwood rejected Kenneth Bartley’s request to withdraw his April guilty plea. The judge rejected the request at a proceeding held when jury selection for Bartley’s trial was underway earlier.

Blackwood ruled Bartley was not pressured to take the deal and also noted he rarely accepts pleas on the same day of trial.

Bartley’s new defense attorney, Bruce Poston, described the plea offer as a shock to some people and said the teen did not completely understand the charges before taking the offer.

Poston said:

and Bartley replied:

Poston said he was disappointed in the decision.

Jo Bruce said:

"We came here at peace and we're leaving here at peace. You know there are no winners here. My heart breaks for their family,"

as attributed to Jo Bruce, widow.

Rita Vannoy, Bartley’s mother, agreed there was a basis for a motion to withdraw the plea.

Vannoy stated:

"I didn't understand what was going on. I knew it wasn't what we agreed to. We agreed to have a trial."

Bartley’s former attorney Mike Hatmaker testified Bartley knew what he was getting into and said Bartley wanted the plea.

Hatmaker said:

"He wanted to do this. Absolutely,"

and when asked by District Attorney General Paul Phillips whether there was any question in his mind, Hatmaker replied:

Jo Bruce and her sons Chris Bruce and Patrick Bruce were in court awaiting the decision when the adult-court ruling was being considered earlier.

Outcome

Ken Bruce died following the November 8, 2005 school shooting. Gary Seale and Jim Pierce were seriously injured.

Kenneth Bartley Jr. pleaded guilty and received a 45-year prison sentence after being sentenced on April 10, 2007.

Judge Jon Kerry Blackwood rejected Bartley’s request to withdraw his guilty plea.

Aftermath

The plea agreement included private meetings and an apology from Bartley to the victims.

Bartley’s sentencing and plea deal followed deliberations that included dismissal of potential jurors due to opinions about the case.

A Campbell County grand jury indictment process was also described, including charges returned against Bartley.

School officials canceled classes for the rest of the week following the shooting, and the board chose to close the high school for three days to allow more time to gather grief counselors.