A Malvern man who broke into his ex-wife's home and stabbed her multiple times last year was convicted Thursday of attempted second-degree murder and aggravated residential burglary and sentenced to 108 years in prison after a two-day trial in Garland County Circuit Court.
The eight-man, four-woman jury deliberated for a little over two hours before finding Tony Leon Henderson, 46, guilty of both charges. After a brief sentencing hearing, they deliberated for about 90 minutes before recommending a sentence of 68 years on the aggravated residential burglary and 40 years on the attempted murder, which will run consecutively for a total of 108 years.
Chief Deputy Prosecutor Joe Graham noted under sentencing guidelines, even with the sentences running consecutive, Henderson could be eligible for parole in 27 years. He noted he would be around 74 years old by then, though.
"It's a good number," he said. "We had argued for a life sentence because he has tried to kill her twice and he could get out and try again a third time."
"If ever there was a life sentence case, it was this one," Deputy Prosecutor Kara Petro said.
Henderson, who has remained in custody since his arrest the night of the attack on Feb. 2, 2017, was previously convicted in 1996 for shooting the victim while they were still married. He is also classified as a habitual offender with four other prior felony convictions, all in Hot Spring County, including false imprisonment and aggravated assault.
In his closing remarks, Graham noted that Henderson, who testified Thursday, had admitted it was not his house and that his ex-wife had told him he was not welcome there. He also noted the evidence clearly showed a back bedroom window had been pried open to gain entry and her bedroom door had been kicked open.
"Regardless of how many times he may have been there in the past, he did not have permission to be there," he said.
Graham said he believed Henderson broke into the house with the intent to kill his ex-wife, but it still qualified as aggravated residential burglary even if he only intended to scare her.
Noting earlier testimony that wet paper towels had been placed on the burners on the kitchen stove, Graham argued Henderson did that to start a fire after he killed her. "A good way to cover up evidence of a crime is to torch the place," he said.
Graham said it was clear he intended to kill her because he stabbed her six times, each time to the left side of her back or chest, close to her heart, and only her breast tissue saved her.
"He didn't voluntarily stop stabbing her either. He had to be pulled off," he said, noting earlier testimony that the victim's son and nephew had grabbed Henderson so the victim could get away from him.
Henderson had testified he had accidentally "busted the door" on an earlier day, but Graham noted other witnesses had stated the door was not damaged prior to that night. He also argued Henderson contradicted himself multiple times.
He said Henderson's testimony regarding the previous shooting of the victim, claiming he was drunk and accidentally shot her when the gun discharged while he was chasing her, was "as unreasonable as the rest of his testimony."
"His testimony is inconsistent with the evidence presented and with the testimony of the other witnesses."
In his closing remarks, Henderson's attorney, Clay Janske, reminded the jury of testimony from the nurse and doctors at National Park Medical Center, where the victim was taken after being stabbed, that her wounds only required two to three stitches each, calling them "puncture wounds."
While she was stabbed "near some vital organs" they weren't penetrated, he said, noting she was released later that same night and there was no evidence she had to go back to the doctor afterward.
Janske said there were inconsistencies in everyone's testimony, noting the son had first said his father had only been to the house twice, then said five to six times while the victim had said he came by once or twice a week.
He said it was obvious "they don't need to be around each other," but the victim had continued to allow him to come over. Even though they told different stories, he said, "It doesn't mean his story and her story don't meet somewhere in the middle."
Janske argued Henderson "believed he was welcome at that house," and had admitted he had been drinking that night and "wasn't clear why they suddenly became hostile to him or why everything went haywire."
Henderson had testified his ex-wife had a pocketknife in her purse and he had grabbed it from her, cutting himself, and "everything happened really fast," Janske said.
In her rebuttal, Petro noted Hot Springs police had responded to the scene quickly and found Henderson "one street over" and interviewed the victim, her son and nephew separately within a short amount of time.
"How did they come up with this elaborate conspiracy between them within minutes?" she asked. "They all said the same thing" about what had happened.
She said after the victim had told everyone to leave, instead of asking his son to take him back to Malvern, Henderson had him drop him off at a place on Spring Street "which was within walking distance" of the house.
She said he returned to the house "to lay in wait for her" and had intended to "get her alone" to kill her, but "thank God she heard his voice" inside the house and left. His plan "was interrupted," she said.
"It's not reasonable that she had the knife in her purse, he reached for it and accidentally stabbed her six times," Petro said. "He cut his hand while stabbing her."
Local on 03/30/2018