Heather Brewer almost missed her plea hearing. And when she did appear, the sentencing agreement struck between her attorney and state prosecutors almost fell through because of the mental state of the defendant.
It took a bail bondsman hand-delivering her to Cumberland County Criminal Court to get her to stand before a judge and answer for her role in the murder of Sam Pugh Jr. 37, of Lantana Rd.
"I don't want to say I'm guilty because I am not," Brewer, 25 and the mother of four daughters whom she does not have custody, told Judge Leon Burns during the hearing. "I am not guilty, but I cannot risk a trial."
"Are you saying it is in your best interest?" Burns asked the fidgeting and crying defendant.
"Yeah," Brewer replied.
It took another hour for Judge Leon Burns to be satisfied that Brewer was aware of the legal ramifications of her plea and that she was in agreement with what was being proposed.
At least twice during the hearing Burns paused and told Brewer that she did not have to plead guilty and could have a jury trial. Each time Brewer responded that she could not risk her case going to trial.
It only took the judge about a minute to revoke her bond and order her taken immediately into custody. By pleading Monday, Brewer avoided a trial that was scheduled for yesterday.
Stephen Michael Yerian had originally been charged with the murder but while awaiting trial, he turned state's evidence and agreed to testify against Brewer whom he claimed was the force behind the killing.
Assistant District Attorney Amanda Hunter outlined facts the state hoped to prove in the case as part of the plea hearing and told the court that Pugh was found in his home lying on a couch dead, covered with a comforter, by family members on Nov. 17, 2007.
He had been shot in the face and head with a single-blast from his own shotgun fired by Yerian, 32, who in July of this year pleaded guilty to second-degree murder.
Hunter said the state would present evidence that Yerian then used the victim's cell phone to notify Brewer that the deed had been done and that she owed him $400.
Text messages and voice mails would provide unwitting confessions from Yerian who, in one instance, sent word to Brewer, "It's done. Come get me. I've done what we talked about."
Another message simply said, "I shot Sam," Hunter said.
Investigators and state prosecutors said Pugh carried out the murder for $400 and the affections of his co-defendant.
Brewer was scheduled to appear in court at 9 a.m. Monday but by noon, she had not appeared. A representative of Marshall's Bonding Company was dispatched to find Brewer but when court officials returned from the noon break, the defendant still had not appeared.
Finally a sobbing Brewer was escorted into the courtroom by a bonding agent. She met with her attorneys, Howard Upchurch and Earl Patton, and then was called to stand before Judge Burns.
Upchurch represents Brewer on the first-degree murder and conspiracy to commit first-degree murder charge. Patton represented Brewer on an unrelated charge of possession of methamphetamine for resale.
She pleaded guilty to conspiracy to commit second-degree murder and received an eight-year sentence with a sentencing hearing to be held Jan. 27 at which time Burns will decide how Brewer will serve those eight years.
She also pleaded guilty to possession of more than .5 grams of methamphetamine for resale and received an eight-year sentence, to be served concurrently with the murder conspiracy conviction.
Yerian will appear in Criminal Court Nov. 25 for his sentencing hearing.
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