Judge sentences Zalma man to 12 years in prison for second-degree murder

Circuit Judge Michael Gardner sentenced a Zalma, Missouri, man to 12 years in prison Thursday for second-degree murder, adding he was “reluctantly” accepting a plea agreement.

Gardner sentenced Russell Mayberry in circuit court in Jackson. Mayberry, 32, agreed to a deal with Bollinger County, Missouri, Prosecuting Attorney Heath Robins.

“This is a terrible case, a terrible tragedy,” the judge told Mayberry. “It is terrible what you did.”

Gardner added, “This is not what you deserved.”

Mayberry pleaded guilty to second-degree murder in January. He told the judge at that time he shot and killed Kenneth L. Willard, 53, of Bismark, Missouri, in Bollinger County. Mayberry did not say when he shot Willard.

Law-enforcement officers found Willard’s body Jan, 24, 2015, in the Black River in Wayne County, Missouri, according to a probable-cause statement filed in the case by Missouri State Highway Patrol trooper J.L. Weadon.

Willard had been missing since Oct. 28, 2014, according to a debit-card record, Weadon wrote.

Roger Mayberry

As part of the plea deal, a Wayne County charge of abandonment of a corpse and Bollinger County charges of hindering the prosecution of a felony and tampering with physical evidence were dismissed against Russell Mayberry’s father, Roger Mayberry, 61, of Zalma.

Although unrelated to the charges against Russell Mayberry, a possession-of-a-controlled-substance charge against his wife, Brandi L. Mayberry, 33, of Zalma also was dismissed as part of the plea agreement.

Roger Mayberry told Missouri State Highway Patrol Sgt. J.S. Stoelting about Willard’s killing in an interview Feb. 1, 2015, according to the probable-cause statement.

Roger Mayberry said Willard and his son were helping him at a sawmill, Weadon wrote.

Roger Mayberry walked away and heard a gunshot. When he returned, he saw Willard was dead, according to the statement. Russell Mayberry said he shot Willard because he thought Willard might kill him over drugs, according to the statement.

Roger and Brandi Mayberry later helped Russell Mayberry load Willard’s body into the back of an enclosed trailer, Weadon wrote.

Roger and Russell Mayberry helped dump the body near the Black River Bridge near Williamsville, Missouri, according to the statement.

Robins, the prosecuting attorney, said the defendant’s wife “has been somewhat reluctant” to testify in the case.

Defense attorney Jacob Zimmerman told the judge Thursday he believes his client would have been acquitted of the murder charge had the case gone to trial.

“I think Mr. Robins’ assessment of the evidence is accurate,” he said.

After the sentencing, Zimmerman said the prosecution had “very little evidence of murder.” But he said the state had evidence on charges of tampering with evidence and improper disposal of a corpse.

Russell Mayberry would have faced an eight-year prison sentence if the case had gone to trial and he was convicted on those two charges, Zimmerman said.

The plea agreement kept Russell Mayberry’s elderly father from facing possible felony convictions for aiding his son, Zimmerman said.

“In essence, Mr. Mayberry was taking one for his dad,” Zimmerman said after the sentencing.

Willard’s wife and daughter watched the sentencing. Robins, the prosecutor, told the judge neither woman wanted to address the court.

mbliss@semissourian.com

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