West Virginia
Kerns gets life in fire pit killing
BERKELEY SPRINGS, W.Va. — Vernon L. Kerns, one of three man charged with killing a man and burning his body at a camp site, will spend the rest of his life in prison.
Kerns was sentenced Monday to life in prison by 23rd Judicial Circuit Judge Gina M. Groh presiding in Morgan County.
Kerns, 26, of Berkeley Springs, was convicted on Feb. 23 after a Morgan County jury found him guilty of first-degree murder with no mercy and guilty of conspiracy to commit murder in the killing of Keese Bare in 2004 and burning his body in a fire pit at a Potomac River campsite. Bare’s remains were not found until April 2006.
Jason M. Payne, 27, of Berkeley Springs, was convicted in May of second-degree murder in Bare’s death and received the maximum sentence of 40 years.
Jerome W. Smith, 25, of Frederick County, Va., entered a guilty plea to second-degree murder in the case, and it was accepted in February. He will be sentenced on May 18 at 10:30 a.m. in Morgan County Circuit Court.
Kerns’ attorney, Sherman L. Lambert, filed a motion for acquittal and a motion for a new trial on Kerns’ behalf and argued both together. He said the jurors did not have sufficient evidence to convict Kerns.
Groh said there was sufficient evidence introduced by the state and there was a “common thread” of the three defendants. Both motions were denied.
Lambert told the judge he was surprised by the jury’s decree of “no mercy.”
“Everyone is entitled to mercy,” Lambert said. “I don’t think we have the ability to suggest or not to suggest mercy,” he said as Kerns cried quietly.
Lambert then apologized to Bare’s family on Kern’s behalf.
Donnie Bare, Bare’s brother, read his statement to Kerns. “Look at me,” he instructed Kerns.
“Four years ago, you took one of my brothers. He was something dear to my heart, and what he went through the last moments of his life, you don’t deserve mercy,” Bare said and turned away from Kerns.
Judge Groh explained to Lambert that “no mercy” is in the law. Kerns was sentenced “to serve the rest of your natural life,” plus one to five years for conspiracy, Groh said.
After the sentencing, Carol Beasley, Bare’s mother, said, “a piece will always be missing. Keese’s children will never be able to see him again, but Vernon’s children will at least be able to see him through glass.”

