Warrenton, Virginia

From the Fauquier Times Community of August 16, 2006

Terry Hensley acquitted in brother's murder

Less than a week after a jury acquitted Terry Allen Hensley of all but one of the charges against him, the county's top prosecutor didn't seem surprised by the outcome.

"We were aware from the onset of this case that there would be a claim of self-defense, but we felt we couldn't make that finding," Commonwealth's Attorney Jonathan Lynn said Monday. "We had enough evidence to put before a jury, knowing it could go either way."

Lynn, who tried the case himself, said that the six-man, six-woman jury was "conscientious" in its deliberations.

The panel deliberated for slightly more than four hours before rendering a verdict on Thursday evening, and found Terry Allen Hensley, 39, not guilty of murder. He had been charged with first-degree murder for the shooting death of his brother, Charles Wayne Hensley on Dec. 16, 2005.

Terry Allen Hensley was also acquitted on the charge of use of a firearm in the commission of a murder. However, the jury did convict him on a lesser charge of possession of a firearm by a convicted felon. Punishment upon conviction for the offense is a mandatory five-year sentence. Terry Allen Hensley had a prior felony conviction for burglary.

Sentencing is now scheduled for Oct. 10 in Fauquier County Circuit Court, pending the outcome of post-trial motions to be filed by Terry Allen Hensley's lawyer, Lorie O'Donnell.

"I never had any doubt that the jury should acquit him (of murder) but you never know what a jury will do," O'Donnell said.

O'Donnell said she was disappointed that the jury did convict him on the possession of a firearm by a convicted felon charge, however. In her closing argument, she told the jury that by Virginia law, even a convicted felon has a right to arm himself in self-defense.

Summing it up

The prosecution maintained that Terry Allen Hensley, who had allegedly been beaten up by Charles Wayne Hensley on previous occasions, was "fed up" when he witnessed an altercation or "incident" between his brothers, Charles Wayne Hensley and William Daniel (Billy) Hensley Jr. in the early morning hours of Dec. 16, 2005.

During the trial, Lynn told the jury that Terry Allen Hensley got a shotgun and loaded it with a single shell after Charles Wayne Hensley went into a bedroom following that altercation. Lynn said that Terry Allen Hensley then went back into the living room and "waited" for Charles Wayne Hensley to come out of the bedroom.

More words were allegedly exchanged and Charles Wayne Hensley supposedly "lost it," when he came back out of the bedroom. Terry Allen Hensley shot his brother as Charles Wayne Hensley approached him as the new argument escalated, the prosecution maintained.

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