Partee Reneges on Plea Agreement in Ewing Trial, Is Back Facing the Death Penalty

Barry Partee, 22, one of the three Monroe men accused in the 2009 murder of 65-year-old Epsie Ewing of Loganville, shocked the court on Friday when he reneged on his plea agreement, claiming he had been coerced by his attorney.

His testimony was immediately halted and he was led out of the courtroom.

Alcovy Circuit Court District Attorney Layla Zon said Partee's actions nullified his plea agreement as it had been contingent upon his testifying truthfully in the trials of both Cory Butler and John Jody Blackwell, the other two defendants. She said the death penalty for Partee is now back on the table. 

"He will now face a jury trial," Zon said.

These developments came during the trial of the first of the defendants, Butler, 31, who waived his right to a jury trial and in exchange the death penalty was taken off the table. Blackwell had not entered into any plea agreement with the court and is still facing the death penalty under a jury trial. Butler's bench trial in front of Alcovy Circuit Superior Court Judge Eugene Benton began on Wednesday.

Fridays proceeds began with Partee claiming, under oath, that he had not been coerced. He agreed to plead guilty to the following lesser charges in exchange for his testimony:

• Two counts of aggravated assault
• Two counts of false imprisonment
• Two counts of possession of a firearm during the commission of a felony
• One count of burglary
• One count of armed robbery

The judge did tell him that for those charges alone he faced a possible life plus 80 years. However, sentencing was being withheld until after his testimony, at which time he would be sentenced in accordance with his agreement. Under the terms of the agreement he would have faced considerably less time, according to Zon.

After a brief recess, Partee was called to the stand to testify. After taking the oath and answering a few brief introductory questions, Zon began to ask him questions about May 21, 2009 - the day of the home invasion that resulted in the death of the 65-year-old Loganville woman. Partee immediately clammed up - claiming he was being "directed" to testify.

"What I'm about to say is not true - somebody had coerced me - led me in that direction," Partee said, going on to say it was his attorney who had done so. "He told me I was going to be found guilty. I was afraid to be tried with Blackwell."

Zon said since Partee had breached his agreement, he could step down from the stand. She asked if he would like to speak to his attorney.

"No," was his adamant response.

Partee, now 22, had been 18 at the time of the home invasion that resulted in the murder of Ewing. He was a senior at Monroe Area High School and would have graduated within days. Instead he was arrested and has remained incarcerated at Walton County Detention Center since then. He, Blackwell and Butler are all related. Butler and Partee are cousins. Partee's mother and Butler's father are siblings.

Butler's trial continues.

• Trial of First of the 3 Men Accused in the 2009 Murder of Epsie Ewing To Begin Next Week
• Butler Waives Right to Jury Trial in Ewing Case - DA Takes Death Penalty Off the Table
• UPDATE: Pretrial Motions in Ewing Trial Cancelled

• Accused Murderers of Loganville Woman Back in Court
• Date Set for the First of the Ewing Murder Trials
• Two Defendants in Ewing Trial Expected in Court Thursday