Eric Hendon’s twin brother, Derrick, killed himself. His older brother, Ervin, has had trouble with the law. His younger brother, Michael, is in prison. And Eric, convicted of being the mastermind behind the triple murder that landed Michael behind bars, is now on trial, facing the death penalty.
Defense attorneys pointed to the family’s storied history Tuesday in the sentencing phase of Eric Hendon’s murder trial. They blamed the sad fates on the abuse and neglect the Hendons suffered as children, calling to the stand Tina Hendon Evans, the only of the five siblings who has led a relatively normal life.
The sister told the jurors tasked with deciding her brother’s fate that their mother beat her with an extension cord and a broom and she still has a scar on her shoulder from one of the incidents.
“What were you afraid of?” asked Brian Pierce, one of Hendon’s two defense attorneys.
“Leaving my brothers,” Evans answered.
Evans is one of six witnesses expected to be called by defense attorneys in the sentencing phase for Hendon’s triple-murder trial for the New Year’s Eve 2013 slaying of a Barberton family. The Summit County jury in Judge Amy Corrigall Jones’ courtroom must decide whether Hendon should face the death penalty or one of three potential life sentences.
Testimony in the sentencing phase is expected to last two days, with attorneys giving closing arguments Thursday morning and the jury then beginning deliberations. The jury will be sequestered.
The same jury found Hendon, 33, guilty on April 7 of aggravated murder, attempted murder and other charges in the shooting deaths of John Kohler, 42; his son, David Carpenter-Kohler, 14; and David’s sister, Ashley Carpenter, 18; and the attempted murder of Ronda Blankenship, Kohler’s girlfriend, who was shot and stabbed in the face but survived. The shootings happened during a home-invasion robbery at Kohler’s home for a small amount of drugs and money.
Michael Hendon, 24, Eric’s younger brother, was convicted in August of complicity to commit aggravated murder and sentenced to life in prison without parole.
In Eric Hendon’s case, jurors will decide one of four options: death, life without parole, life with parole possibility after 30 years, and life with parole possibility after 25 years.
During a brief opening statement, Assistant Summit County Prosecutor Teri Burnside said the jury already found Hendon guilty of killing three people during a robbery and being the “principal offender.”
“He pulled the trigger on this family,” Burnside said.
Prosecutors called no witnesses during the sentencing phase, relying on the evidence presented during the first phase of the trial.
Pierce said during his opening statement that defense attorneys aren’t going to make excuses for Hendon’s actions. Instead, he said they are going to try to explain how Hendon got to this point.
Pierce said the Summit County Children Services Board (CSB) visited the Hendon family’s home dozens of times between 1985 and 2000. He said their mother, Vivian Hendon, was a chronic alcoholic and drug user who would leave her children alone for days. He said she was physically and emotionally abusive.
“This is not a case in which he was insane or didn’t know right from wrong,” Pierce said. “To say that the Hendon household was defined by chaos and instability would be an understatement. It was defined by abuse, neglect, abandonment, instability and a lack of love.”
Pierce then added, “We believe a life sentence is the appropriate punishment.”
Pierce used Evans, the oldest of the five Hendon siblings, to bring to life a thick stack of documents showing the turmoil in the family, including numerous CSB referrals – most not resulting in any action — and Vivian Hendon’s arrests for theft, drugs and domestic violence.
Evans said she saw her mother drink beer and wine every day.
“She would go out and not come home and leave us there,” Evans said.
Evans said her mother supported the family through welfare, food stamps, money from her boyfriends and by stealing. She said her mother once got arrested for stealing a poodle.
Evans said their mother was mean, taking out her anger on her children.
Evans began sobbing as she recalled how their brother Derrick hung himself in 2008 with an extension cord, the same type of cord his mother had choked him with when he was a child.
Assistant Summit County Prosecutor Dan Sallerson asked Evans how she was able to complete high school, go to technical school and get a job as a medical technician when she suffered the same verbal and emotional abuse as her brothers.
“Despite all the traumas you faced, you went on to complete your schooling and take care of yourself and your four kids,” he said.
“You had thoughts of suicide, not lashing out and hurting others?” Sallerson asked.
“Yes,” Evans responded.
The last question Sallerson asked Evans was whether she loves Eric.
“Yes,” she said, sounding annoyed.
Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com and on Twitter: @swarsmithabj.