Polson man gets 40 years for killing father-in-law in case of mistaken identity
Linda Sappington
Desmond Mackay sobs at Thursday’s emotional sentencing after apologizing to family members and listening to them say their piece.
Linda Sappington
Anna Barrows tells the court that Desmond Mackay is a good dad to their daughter.
Linda Sappington
Michelle Barrows, daughter of John Barrows, speaks to Desmond Mackay from the witness stand.
Linda Sappington
James Lapotka, Chief Deputy Attorney for Lake County, addresses the court.
Linda Sappington
Desmond Mackay faces family and friends to tell them he is sorry and deserves “everything I am getting.”
Linda Sappington
Linda Sappington
Linda Sappington
Linda Sappington
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Tension and tears were both present in Lake County’s district courtroom Thursday morning as Desmond Mackay of Polson was sentenced to Montana State Prison for 40 years for “accidentally” killing his father-in-law, 67-year-old John Barrows, in March 2014.
The sentence for mitigated homicide also states that Mackay will not be eligible for parole for 25 years.
In a case of mistaken identity, Mackay hit Barrows in the head with a hammer, thinking it was Jesse Waugh walking into the garage. Waugh and Mackay had allegedly been fighting over an auto part before Mackay grabbed a hammer and waited for Waugh to return. Instead, Barrows walked in. Mackey left the injured Barrows to find Waugh and continued to try to assault him as Barrows lay bleeding. Barrows died days later while hospitalized.
Deliberate homicide charges were lessened to mitigated homicide per a plea agreement that was at first rejected, but later accepted, by the court. In addition, any chance of charging Mackay for attempted murder for planning to kill Waugh, who was present in the courtroom Thursday, was let go.
“Let’s hurry up and get him in prison, that’s all I want to say,” Waugh said from the back row where family and friends surrounded him.
Mackay cried silently as witnesses took the stand to speak.
“I was confused, hurt, angry and sad,” said Lacrecia Barrows, granddaughter of the victim and Mackay’s niece. “You intended to kill Jesse. An accident? I think not … what went through your mind when you reached for that hammer? I hope I can learn to forgive you. Not for you, but for myself.”
Barrows’ daughter Michelle Barrows said she will never forgive Mackay, saying she nearly passed out holding her dad’s bleeding head in her arms after he was assaulted.
“I never liked you, and now I understand why. You’ve taken a great person from this world and from all of us,” she said. “I will never, ever forgive you for that. Look what you have done to the people you say you love the most — your own family. Forty years is not enough.”
Rud Knudsen, pastor of United Pentecostal Church of Polson, said he’s known Mackay since he came to Sunday school as a child.
Knudsen ministered to Mackay in prison, and even arranged for Mackay to be baptized while incarcerated.
“Since the scripture tells me there is a new creature in Christ, I believe that (the sentence) is probably too harsh,” Knudsen said.
John Barrows’ youngest son Michael had another take on the proposed sentence.
“I think it is an appropriate punishment,” Michael Barrows said. “I am not ruled by my sadness like the rest of my family, I can at least see clearly … I can say for a fact that my father would just roll his eyes at this whole thing.”
Mackay’s wife Anna Barrows, daughter of the victim, described her dad as charitable; the kind of man who would fix someone’s car and be happy with payment of cookies or beef jerky. While she spoke of aggressive behaviors between the siblings, she described her dad as “the most forgiving and understanding and calm guy you’d ever meet,” and that her husband and her father were best friends.
“That was his kid, and Des (Mackay) would do anything for my dad,” she said. “Nobody could punish him any more than he’s already punishing himself. He’s got to take it day by day just like the rest of us.”
Longtime family friend Amber Albert Moroojo agreed John Barrows would help anyone he could without seeking compensation, and described him as one of the greatest men she’s ever known.
“The world really lost the day that we lost John Barrows,” Moroojo said.
The only immediate family member who didn’t take the witness stand was John Barrows’ widow, who according to a family member had been taken to a psychiatric hospital the night before sentencing for what the family called a broken heart, saying her body was shutting down.
Judge Deborah Kim Christopher told Mackay that she had no doubt that if John Barrows was sitting in the courtroom, Mackay would have his forgiveness.
“But forgiveness is different than accountability,” she said. “Your conduct was not acceptable … violence is not OK. I don’t doubt you are in incredible pain. But my job is to hold people accountable.”
Christopher mentioned court documents that indicated Mackay had ingested methamphetamine, alcohol and marijuana in the weeks leading up to the assault. Documents noted that Mackay grabbed a hammer because the man he intended to kill “wore a smug look on his face,” Christopher said. “If that’s all it takes to get somebody killed, the community has a significant interest in that.”
Mackay also got his chance to address family and friends in attendance.
“What I did was unforgivable. I destroyed the man … I destroyed my family… I deserve everything I am getting,” Mackay said through sobs. “Sorry is not good enough. Sorry, sorry everyone.”
Christopher acknowledged Mackay’s willingness to take responsibility for his actions.
“I do believe you have remorse for what you’ve done,” she said. “The question is: Is that remorse significant enough to change your life from now on? I hope you can … reconstruct your life into a fashion that John Barrows would be proud of.”
