OPELIKA, AL. (WTVM) Barry Lee Jones learned his fate Tuesday afternoon in an East Alabama courtroom for the capitol murder of his seven month old son. Investigators testified the murder happened after Jones sexually assault and sodomized his young son then used the babies body like a bat to beat up his sister.
Judge Jacob Walker stated he strongly considered overturning the jury's recommendation of life without parole and sentencing Jones to death by lethal injection. However, in the end Judge Walker, spared Jones his life.
"It is my decision to sentence you to life without the possibility of parole," stated Judge Walker.
Judge Walker told the court IQ tests from Jones's elementary school indicate he is mentally retarded.
Since the US Supreme Court has ruled the mentally restarted can't be executed, Judge Walker went with life.
However, Assistant District Attorney, Robbie Treese, argued Jones wasn't mentally incapacitated, but morally incapacitated. The state maintains the capitol murder of 7-month old Kevin Jones was cruel, heinous and atrocious, especially considering the sexual assault and sodomy the baby boy endured at the hands of his father.
"The states position is that the defendant is not mentally incapacitated but morally incapacitated," stated Treese.
Nevertheless, it appears Barry Lee Jones will live out the rest of his life in a state penitentiary.