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Fields sentenced for role in 2012 murder

Billy Fields, 36, was sentenced Tuesday for the part he played in the events surrounding the November 2012 shooting death of Adam McCormick.

District court judge Derek Weimer sentenced Fields to 20-60 months imprisonment, the maximum allowed for his conviction of accessory to a felony, itself a class four felony.

Jason Custer, 35, was convicted of first degree murder in Cheyenne County District Court last month for McCormick’s death. Custer shot McCormick shortly after midnight on Nov. 3, 2012 during a dispute over a drug debt of $150.

Custer came to Sidney in October 2012, to stay with Billy Fields and Fields’ girlfriend Amber Davis. A dispute over a drug debt led to a heated text message battle pitting Custer and Fields against McCormick during the weeks leading to McCormick’s death. Both sides made violent threats.

Although conflicting testimony throughout the trial made it difficult to definitely confirm exactly what occurred, Fields admitted to helping Custer flee Sidney shortly after the shooting. Fields claimed that he did not know Custer had shot McCormick until the group had arrived in Big Springs, where Fields secured a hotel room for Custer.

It is clear from court testimony that Fields at least knew some sort of altercation had occurred between the two men and that Custer could potentially be in trouble with law enforcement.

Fields was initially charged with accessory to murder. When first questioned, Fields was not truthful with law enforcement but soon entered into a cooperation agreement in exchange for no further charges filed against him. He later entered into a plea agreement with the state to drop his charge to accessory to a felony, to which he pled guilty in January 2013.

“I suppose one can spend a lot of time debating what the defendant’s actual involvement was,” said Cheyenne County attorney Paul Schaub, who represented the prosecution at the sentencing.

Whether or not one believed Fields’ testimony in the trial, he pleaded guilty to accessory to a felony, Schaub said. He asked the court to remember that Fields already reaped the benefits of a plea agreement.

Schaub also emphasized the fact that in the pre-sentencing report, Fields rated likely to re-offend. He reminded the court that Fields had served prison time in the past and was previously charged with cruelty to a child and possession of a switch blade in addition to many more charges. Schaub argued that anything less than incarceration would make light of the defendant’s actions in the crime.

Schaub asked for the maximum possible sentence for this crime.

Don Miller, representing the defense argued that Fields had been a model citizen since his release from jail on bond last January.

“It was obvious that the family and friends of Mr. McCormick suffered a loss and nothing Mr. Fields can do can remedy that,” he said.

Miller added that the major fault in this crime belonged to Custer.

“I think it’s important for everyone to remember that Mr. Fields did not pull the trigger,” he said.

Fields did participate in the immature exchange of text messages which led up to the shooting, Miller admitted. He also acknowledged that his client should have been forthcoming with police from initial contact.

“This court should not sentence him for what Mr. Custer did,” Miller said.

Within a few days of McCormick’s murder, Fields agreed to full cooperation with police, he pointed out. Although Fields gave Custer a ride to Big Springs following the shooting, he never saw the murder weapon and wasn’t involved in the shooting directly, Miller argued.

Fields complied with every condition of his release on bond for the past year, he added.

“Mr. Fields recognizes that what he did was wrong,” Miller said.

He added that his client has taken steps since the crime to change his ways. Many of his family members wrote letters to the court, attesting to his work to remedy his issues with drugs. Miller asked the court to give Fields an opportunity on probation, but conceded that this outcome was not likely.

Miller opined that time on probation would give his client a chance to further address some of his problems.

Fields spoke to the court before his sentence was passed.

“I would like to apologize to Adam’s family,” Fields said.

Fields expressed remorse for the part he played in the crime. He also thanked the court for the last year he enjoyed with his family out of jail on bond.

Weimer reminded those in the courtroom that he’d personally heard all the evidence and testimony in the Custer case.

“It strikes me, Mr. Fields that there were a number of opportunities in the weeks proceeding Mr. McCormick’s death for someone, anyone to say ‘enough’ and no one did,” Weimer said.

The communications between all those involved including Custer, Fields, McCormick and Davis was absolutely juvenile, the judge indicated. Fields was obviously involved in events leading up to McCormick’s death, as well as the events directly after the shooting, Weimer said.

Fields was aware that Custer had done something wrong and still assisted him in fleeing, he added. The judge commented on the fact that Fields also switched clothes with Custer in Big Springs and dumped Custer’s clothes for him.

“All of those things facilitated the commission of those crimes,” Weimer said.

Weimer emphasized that the sentence was in return for Fields’ actions, not Custer’s. He added that any sentence less than imprisonment would take away from the severity of the crime.

Fields was given 72 days credit for time served and was ordered to pay his court costs. Fields could be eligible for parole in 10 months under the good time law and will be set for mandatory release in 30 months.

 

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