GUILTY LA - Levi Cole Ellerbe, 6 mos, kidnapped, burned to death, Natchitoches, 17 Jul 2018 *arrests*

Wednesday, May 4th:
*Pretrial Hearing (@ 10am ET) – LA – Levi Cole Ellerbe (6 mos.) (July 17, 2018, Natchitoches; died July 18, 2018; kidnapped & burned to death) – *Hanna Nicole Barker (22/now 26) “mom” arrested (7/25/18), charged (7/28/18) & indicted (8/9/18) with 1st degree murder, meaning “actual perpetrator of the crime” & with 1 count of criminal conspiracy and arraigned & charged (7/15/21) with conspiracy to commit 1st degree murder of a child younger than 12. Plead not guilty to this charge (7/15/21). Plead not guilty (charges on 7/28/18). Held without bond. DA will seek DP.
Trial was set to begin on 4/25/22 continued to 6/6/22. Jury will be picked from Lake Charles in Calcasieu Parish instead of St. Landry Parish in Lake Charles, but will be tried in Natchitoches Parish.
Court info from 10/22/20 thru 1/19/22 reference post #576 here:
LA - Levi Cole Ellerbe, 6 mos, kidnapped, burned to death, Natchitoches, 17 Jul 2018 *arrests*

3/7/22 Update: The State agreed to a joint motion for another change of venue for jury selection. Both parties agreed to move jury selection from St. Landry Parish to Lake Charles in Calcasieu Parish, with a trial start date of 6/6/22. The court also took up three motions filed. The defense agreed to meet with State prosecutors on 3/30/22 to review a motion of access to physical evidence. They also took up a motion for a request of Payne material, with statements provided to the defense. That motion deals with the potential death penalty sentence Barker could receive if convicted. The last motion submitted by the defense was a response of notice of other crimes of evidence, regarding the State’s plans to request the admittance of Barker’s past drug convictions during the trial. The defense had no objection to that request, with defense attorney Dhu Thompson saying the drug convictions will also play a role in their case. The next hearing is set for 4/12/22 at 1pm at the Natchitoches Parish Courthouse. Judge Desiree Duhon Dyess is presiding over the case. Barker is represented by Thompson, with Cliff Strider acting as lead prosecutor.
4/12/22 Update: Natchitoches Parish Assistant DA Cliff Strider & DA Billy Joe Harrington were in Judge Dyess' courtroom Tuesday to present the motions in limine, which asks a judge to allow or not allow certain evidence to be introduced during a trial. The motions covered mentioning confessions in opening statements, using cellphone records, recalling witnesses for more questioning & declaring body camera video from the Natchitoches Police Dept. admissible. As each motion was discussed, defense attorney J. Dhu Thompson voiced no objections & told 10th Judicial District Court Judge Desiree Duhon Dyess he planned to use some of the same material in his defense of Barker. "We want those cameras to come in, in their entirety," he said of the motion to find the body camera video admissible. Judge Dyess granted all the motions. Thompson also told Dyess that he & Strider met in Baton Rouge to review all the physical evidence in the case, which he said satisfied another of his motions. Another pretrial hearing was set for 5/4/22 @ 10am.
*Felicia Marie-Nicole Smith Plead guilty (7/21/21) to 1 count of manslaughter with a sentence of 40 years; 1 count of conspiracy to commit first-degree murder with a sentence of 30 years; and 1 count of cruelty to a juvenile under the age of 8 with a sentence of 10 years, for a total of 80 years. Sentencing hearing on 10/27/21 was continued until after Barker’s trial. Smith will have to testify at trial as part of plea deal.
 
Oh good!

Hanna Barker pleads guilty in death of 6-month-old son, Levi Cole Ellerbe

May 4, 2022

NATCHITOCHES — Hanna Barker accepted a plea deal on Wednesday, about a month before her trial in the 2018 burning death of her 6-month-old son.

A hearing had been set for Wednesday, another step leading to Barker's trial on charges of first-degree murder and conspiracy to commit first-degree murder of a child younger than 12 in the July 17, 2018, death of Levi Cole Ellerbe.

Instead, Barker entered a guilty plea to avoid the death penalty.
[.....]
Smith is expected to be sentenced on Wednesday afternoon to 80 years in prison.
 
The article above does say Wednesday afternoon for Smith's sentencing - so going to post this.

Wednesday, May 4th:
*Sentencing Hearing (@ pm ET) – LA – Levi Cole Ellerbe (6 mos.) (July 17, 2018, Natchitoches; died July 18, 2018; kidnapped & burned to death) – for *Felicia Marie-Nicole Smith (25/now 28) arrested & charged (7/21/18), indicted (8/30/18) & arraigned (1/24/19) with 1 count of 1st degree murder & charged (1/24/19) with criminal conspiracy. Plead not guilty. Held without bond.
Trial was set to begin on 1/19/21 was cancelled due to COVID & plead guilty (7/21/21) & sentencing hearing will be scheduled after Barker’s trial (4/25/22).
Court info from 7/25/18 thru 1/11/219 reference post #565 here:
LA - Levi Cole Ellerbe, 6 mos, kidnapped, burned to death, Natchitoches, 17 Jul 2018 *arrests*

7/21/21 Update: Smith plead guilty Wednesday afternoon to an amended bill of information that charged her with manslaughter, conspiracy to commit first-degree murder & cruelty to a juvenile. She will receive 40 years at hard labor without the benefit of probation or suspension of sentence for manslaughter, 30 years at hard labor for conspiracy & 10 years at hard labor for cruelty to a juvenile. The sentences will be served consecutively, meaning she'll be sent to prison for 80 years. Smith will be formally sentenced on 10/27/21. Will testify in Barker’s trial per plea agreement.
10/27/21 Update: Smith was set to be sentenced Wednesday in Natchitoches District Court. However, the district judge recently signed a motion continuing the sentencing date until after the trial of her ex-girlfriend Hanna Barker. Smith plead guilty in July to several charges in a plea agreement with the State to avoid a capital murder trial where the death penalty could have been an option if she was convicted. Instead, she received an 80-year sentence for manslaughter, conspiracy to commit first-degree murder & cruelty to a juvenile. A condition of the plea is for Smith to testify truthfully against Barker, who is charged with first-degree murder. Barker had been scheduled to go to trial last month, but the date was pushed to March. The jury pool for Barker’s trial will come from St. Landry Parish, with the actual trial to be held in Natchitoches Parish. Should Smith not testify truthfully then the Natchitoches Parish District Attorney's office reserves the right to withdraw the plea & prosecute Smith on the original first-degree murder charge.

5/4/22 Update: Sentencing hearing on 5/4/22 in afternoon.
*Hanna Nicole Barker (22/now 25) “mom”- 5/4/22: Took a plea deal & plead guilty.
 
Alena Noakes

NEW: Felicia Smith, the woman prosecutors claim was in a romantic relationship with Hannah Barker and carried out the killing of Levi under her manipulation, has been sentenced to 80 years in prison. She pleaded guilty to manslaughter, conspiracy and cruelty to a juvenile in July 2021.
She will serve those sentences consecutively.
 
And it looks Barker was also sentenced yesterday.

Natchitoches woman sentenced in 2018 burning death of her infant son

May 4, 2022

NATCHITOCHES, La. (KALB) - Hanna Barker, 26, the Natchitoches woman accused in connection with the July 2018 burning death of her infant son, has accepted a plea bargain on new charges.

Barker pleaded guilty to a count of manslaughter of a child under 10 years old with a 10-year sentence and a count of conspiracy to commit first-degree murder of a child under 12 years old with a 30-year sentence.

Barker will serve both sentences concurrently, for a total of 30 years.

Barker pled guilty under the Alford Plea, which essentially means she maintains innocence but accepted the plea out of her own best interest.

Barker had faced two charges, including first-degree murder and conspiracy to commit first-degree murder of a child younger than 12 years old. District Attorney Billy Harrington had also pushed for the death penalty.
[.....]
Before Barker’s sentencing, several members of Levi’s family gave and submitted statements.

Billy Ellerbe, Levi’s father, recalled how he felt when he found out he’d have a son, saying Levi would be able to carry on the Ellerbe name in a family full of girls. He had hoped to give Levi the chance to give the name a fresh start.

Kathy Ellerbe, Levi’s grandmother, recalled the moment he came into the world and the last few hours before he died. He was her 12th grandchild and the only boy.
[.....]
And Brittany Whittington, Levi’s aunt, detailed the relationship she had with Barker and how they accepted her as family. She recalled how she had comforted Barker in the hours following the reported abduction. To Barker, she said, “You betrayed us, you manipulated us, and you hurt us.”
 
One gets 80 years and the other 30. How does that work out?

Smith - the one with 80 years did the actual killing of little Levi she plead guilty to 1st degree manslaughter (40 yrs) conspiracy to commit 1st degree murder (30 yrs) & to cruelty to a juvenile (10 yrs).
Barker did a plea deal & looks like she plead guilty (Alford Plea) to conspiracy to commit 1st degree murder - which has a sentence of 30 years.
 

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