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Published Thursday, September 24, 2009 6:05 AM

99-year term given to killer

After Bryan resident O.C. Hayward learned in September 2008 that a man with whom he had just smoked crack had died, he became visibly upset and declared that he couldn't go to jail for 50 years, a witness testified during Hayward's trial.

On Wednesday, a day after Hayward was convicted of murder, a Brazos County jury sentenced him to 99 years in prison for the slaying.

It was the maximum possible penalty the panel of seven men and five women could have handed down for the crime. Prosecutors said it was fitting.

"It was an appropriate response to how horrible the crime was and a statement that we want to have a safe community," said District Attorney Bill Turner.

Hayward is the second person convicted of murder in the death of 43-year-old Bryan resident Wesley Miller. Bennie Smith, 43, was sentenced to 60 years in prison last month.

Prosecutors suggested that the pair killed him for $43 and a cell phone.

Witnesses testified during the trial that Miller, Smith and Hayward all smoked crack inside Smith's apartment on the night that Hurricane Ike was approaching Brazos County.

The three got into a confrontation and Smith began demanding money for the crack Miller had smoked, authorities said. They went into Smith's tiny apartment bathroom, where Miller was beaten and stabbed, authorities said.

Witnesses outside the apartment testified that they saw Smith and Hayward dragging Miller outside the apartment as he gasped for breath. He died on the ground before paramedics arrived.

Investigators arrested Hayward the following day, after finding Miller's cell phone and $43 hidden inside his house, according to testimony.

Defense attorney Rick Davis suggested to jurors that Miller attacked Hayward and was killed after his client defended himself.

After the guilty verdict, Davis called members of Hayward's family, who tearfully testified that he was a caring brother and son. Davis also made a spiritual plea for "justice, tempered with mercy" and a sentence of "10 to 15 or even 30 years" in prison.

"Three of the most prominent men in the Bible committed murder -- Moses, King David and the Apostle Paul," Davis said. "Anyone can change."

Turner argued that a short sentence would make a statement that the jury devalued the life of Miller or others who had drug problems.

"Your obligation is to make this community safe enough for those who are lost so that they do have an opportunity to return to their loved ones," he said. "He was not dead because he had a drug problem. He was dead because of what was in his pockets. And when they were done with what was in his pockets, they dumped him like a bag of garbage."

The jury also ordered Hayward to pay a $10,000 fine. He will be eligible for parole after serving 30 years.




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