Daily Egyptian
Fall '03 Edition
Man confesses to 1997 murder
Lindsey J. Mastis
Daily Egyptian
The man accused, tried and acquitted of the October 1997 murder of a single mother recently confessed to the crime.
Gary Starks, 41, of Carbondale admitted to killing Pamela Travis, a 29-year-old mother of twins, at her home at The Fields complex, 700 S. Lewis Lane in Carbondale.
Starks confessed more than a month ago after the Jackson County Project Safe Neighborhoods Initiative charged him on three counts of drug charges, including conspiracy to deliver crack cocaine. He cannot be charged with the murder because of the double jeopardy clause in the constitution. Starks was sentenced for drug charges Nov. 21 to 235 months in prison with little to no chance for parole.
He was previously tried and acquitted on murder charges in May 1998 after the prosecution failed to provide enough evidence for a conviction.
Travis and her 22-month-old twin daughters were found by a maintenance man responding to a report of a fire alarm going off in the building. Travis' body was found in her bedroom, burned in the middle and upper portions. A kitchen towel was in her mouth and a cord from a radio/cassette player was around her neck. Pieces of a plastic bag were tied around her head with a cord.
The fire was believed to be set after her death. Her daughters, who are now 8, were found in another room and suffered from smoke inhalation.
Steve Odum, Carbondale police interim chief, said Starks was given an opportunity to share any information about any federal case. Starks took that opportunity to confess to the murder.
"The project Σ was an investigation of a conspiracy to distribute crack cocaine in Carbondale, and Gary Starks was one of the people involved in that conspiracy," Odum said. "During that investigation was when they developed the information about the Pam Travis murder in which Gary Starks confessed."
The program allows people the opportunity in the federal court system to provide information about criminal cases that may affect the case they are currently being indicted on. This process is called a "proffer."
"During the proffer, people are given the opportunity to participate in this proffer and when they do that, part of the agreement for them to participate in it is that they will provide truthful information about criminal cases or any criminal information that they have," Odum said. "During that was when he gave information concerning his involvement in the Pam Travis murder."
Odum said some people could receive a lesser sentence by sharing the information but doubts the U.S. Attorney's Office will grant Starks a lighter sentence.
"It is a possibility, but that's an evaluation that the U.S. Attorney's Office makes," Odum said.
Judge David W. Watt Jr., who has since retired, acquitted Starks of the murder. He said that based on evidence, he "absolutely" made the right decision.
"I gave a verdict and I didn't have anybody who had heard the state's case lodge a protest or complain," Watt said.
Kathe Klare, a professor of law in Albany and juror for the Starks murder case, said she and other jurors agreed with Watt that there was not enough evidence to convict.
The defense called a direct verdict after the prosecution made its case. She said some jurors did not understand why the case was decided early and by the judge.
"The jurors did talk later and they wanted to know what happened and the judge came in and explained why it didn't go forward," Klare said. "There was nobody that could really present any testimony so that the case could move forward.
"It was difficult for people to say he was innocent [or] he was guilty because there wasn't that much evidence."
Jackson County State's Attorney Mike Wepsiec was the prosecuting attorney for the Starks murder case.
"I feel vindicated that we had the right person that we arrested, charged and prosecuted," Wepsiec said.
Wepsiec said Starks' acquittal is a result of a key witness who decided to talk about his own drug charges instead of the murder case.
"Our case kind of fell apart on us during the course of the trial when one of our witnesses decided that he wanted to make a speech instead of testify," Wepsiec said. "It was one of those cases where the evidence had a build on each other and when he flipped on me, obviously, I couldn't build on top of that."
Wepsiec, who is a member of the Jackson County Project Safe Neighborhoods Initiative, said he gives credit to the program for being able to convict Starks of drug charges. The project includes a task force that attempts to get the harshest sentence for violent and repeat offenders.
"What we're looking at is trying to get the biggest bang for our buck in terms of prosecution," Wepsiec said. "It's a realization that, by working together, we can get a lot more done, whether it's state or federal court, finding out where we can get the biggest sentence for these guys and women."
Wepsiec said he is "pleased" that Starks will be behind bars for the next 18 years but that he deserves more.
"He was sentenced pursuant to the federal guidelines," Wepsiec said. "Back when we were prosecuting him for the murder, we were seeking the death penalty. Obviously 235 months is not the death penalty."
Lindsey J. Mastis can be reached at: ljmastis@dailyegyptian.com
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