Conviction upheld, re-sentencing ordered
The 2017 conviction of a man who was found guilty of unauthorized entry of an inhabited dwelling has been confirmed by the 3rd Circuit Court of Appeal but the court vacated his sentence and remanded it for re-sentencing.
Kade Starbuck Henry, 33, appealed his conviction and listed issues in which he said the court had erred.
Henry was found guilty by a jury at trial and later sentenced by Judge Robert Wyatt.
The 3rd Circuit said it found there was an error regarding the fact that the defendant received an indeterminate sentence but it disagreed with the defendant’s assertion that a jury had not proven him guilty beyond a reasonable doubt and it affirmed his conviction for the 2015 crime.
Some confusion had arisen at sentencing because the defendant had other charges pending but had served time in jail for this charge, unauthorized entry of an inhabited dwelling.
He received credit for time served and probation following his release.
At trial, the jury heard lengthy testimony about Henry’s sometimes contentious relationship with his family.
The defendant’s father, Errol James “Jimmy” Henry, owned three Sulphur businesses, H&H Metal Contractors, H&H Industrial Contractors and Metal Outlet, with his brothers.
Some of Jimmy Henry’s children, nieces and nephews worked in the businesses.
Testimony was given that the defendant began working for the companies when he was around 14, sweeping floors. He became a steel erector and, according to testimony, was a “good employee.”
His father said he eventually began showing up late for work and was ultimately fired for insubordination. He said “the harassment started” after the defendant’s termination.
According to testimony, the defendant would hack into company social media accounts, pose as an officer of the company, and “appeared to fire employees.”
He once, according to his father, had 20 pizzas delivered to the company, posted on social media that the businesses needed Christmas help, posed as an officer of the companies at a car dealership and attempted to purchase two vehicles, and posed as a purchasing agent for the company and tried to buy thousands of dollars of tools from one of the suppliers for the company.
The defendant’s father said his son was diagnosed as having bipolar disorder, schizophrenia, paranoia and attention deficit disorder but he “would not take the medication prescribed for him.”
His father said he had to eventually obtain a permanent restraining order on behalf of his companies.
The charge of unauthorized entry of an inhabited dwelling arose out of a situation that came about after the defendant’s father allowed him to stay in a family-owned trailer but he said his son eventually “destroyed the inside of the trailer” and many repairs had to be made after his son was “unofficially evicted.”
Jimmy Henry said at trial that the “only reason he had even been able to stay there was because of our generosity and he’s our son. That’s it. We even gave him money for living expenses just to kinda help him survive.”