Death penalty no longer sought in Bernie murder case

BLOOMFIELD, Mo. -- A motion has been filed not to seek the death penalty against Allen McCoy, who is accused of the June 2010 murder of Aubrey Finch at his Bernie, Missouri, home.

An autopsy conducted in Farmington, Missouri, ruled Finch, 67, died as a result of "multiple stab wounds to the head and neck."

McCoy, and his wife, Angela McCoy, were charged with first-degree murder, two counts of armed criminal action and one count of first-degree robbery in the case.

But in February 2013, McCoy was declared to be mentally retarded and, as a result, incompetent to stand trial.

A year later, the Missouri Department of Mental Health filed a motion to proceed, saying McCoy is no longer incompetent to stand trial. He is now classified as "retarded but competent."

Regardless, Stoddard County Prosecuting Attorney Russell Oliver is required to withdraw the death penalty as a sentencing option.

In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing mentally retarded individuals violates the Eighth Amendment right against cruel and unusual punishments. States define who is and is not mentally retarded.

McCoy appeared in court last week for the first time since 2012. At the hearing, his attorneys announced their plans to retire, meaning time will be needed for McCoy to find new representation.

Judge Robert Mayer set McCoy for an appearance Aug. 6.

In April 2013, Angela McCoy pleaded guilty to second-degree murder. As part of the plea agreement, she will serve a 20-year prison sentence. She will have to serve a minimum of 85 percent before she will be eligible for parole.

Oliver said at the time of her plea that she would be required to testify against her husband.

Pertinent address:

Bernie, Mo.