horn

 

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UPDATE:07/23/15 Clinton, Mo.- Police in Clinton have now linked a gun found on James Barton Horn Jr. at the time of his death to the killing of Sandra Sutton and her 17 year old son Zachary. 

Clinton Assistant Police Chief Sonny Lynch states that bullets found from the gun found on Horn match bullets used in the Clinton double homicide. Clinton police now also believe that Horn rode a bicycle from Clinton to an abandoned residence in Kearn Memorial Conservation Area near the Pettis-Johnson County Line.

KMZU is investigating the previous incarceration and release of James Barton Horn, the recently deceased subject of a federal manhunt. As recently as 2011 James Barton Horn Junior was incarcerated at Butner Federal Correctional Complex in North Carolina. Horn was in federal custody for what was at that time his third documented incident of sexual violence. In late January 2007 Horn was certified as a “Sexually Dangerous Person” by Dr. Anthony A Jimenez, the chairperson of the Federal Bureau of Prisons Certification Review Panel. Jimenez also stated at that time that Horn “will have serious difficulty refraining from sexually violent conduct or child molestation if released.”

Sources say Horn had no juvenile or adult criminal history except for three sexually violent episodes. The first incident occurred in January of 1991 when after 13 months of marriage Horn’s wife filed for divorce. In Horn’s own words after learning his wife had filed for divorce “he bound his wife with electrical tape and put a sheet over her and raped her repeatedly.” Horn’s wife was able to flee after Horn took her to a public restaurant. On January 30th 1991 Horn was voluntarily admitted to Orchard Creek Hospital in Texas. According to reports he was diagnosed with Major Depressive Disorder, Explosive Personality Disorder and Narcissistic Personality Disorder. His wife did not file a police report and Horn was not prosecuted for his conduct.

Horn’s second recorded sexually violent outburst occurred one year later, while working as a truck driver near Memphis when Horn’s 22-year-old girlfriend of five weeks broke up with him over the phone. The next day Horn entered the woman’s apartment while she was asleep, and after binding the woman with duct tape and forcing her to have sex, Horn then tied her hands with shoes laces and forced the woman into his truck where he drove her across state lines to a truck stop where he repeatedly tied up and raped the victim. Horn later drove home and released the woman. James Horn later pled guilty to charges of sexual battery and kidnapping, receiving a 4 year sentence. Horn was released just two years later in March of 1995.

Horn was in federal custody after kidnapping and raping his second wife for a period of two days in July of 1996, after his wife moved out and filed for divorce in May. Horn broke into the home where his then pregnant wife and her 9 year old daughter lived. Informing the woman that he had been stalking her, Horn forced the daughter into a bathroom and ordered the woman to lie down on a bed. Horn held a pair of scissors to the woman’s throat and asked if she wanted to have sex, at which point the woman acquiesced out of fear of being harmed. After hitting the woman on the head and threatening to kill her, Horn drove the woman to a motel in West Memphis, Arkansas where he tied her to both a bed-rail and himself before going to sleep. He later forced the woman into the trunk of his vehicle and drove her to a motel in Springfield, Missouri. The FBI raided the motel where they found the woman tied up with shoe laces. Court documents indicate that over the course of the abduction, Horn forced the woman to have sex with him several times. In January 1997 Horn was sentenced to 155 months of imprisonment followed by 5 years of supervised release after being charged with interstate kidnapping.

In December of 2011 while incarcerated Horn stood trial and was petitioned by the United States Government under the direction of Senior US District Judge W Earl Britt to be civilly committed as a sexually dangerous person under the Adam Walsh Act of 2006. Records show that the government failed to produce convincing evidence that horn was sexually dangerous or suffered from a serious mental disease. Dr. Dale Arnold and Dr. Lela Demby testified that Horn suffered from Sexual Sadism and possibly Narcissistic Personality Disorder, or Personality Disorder not otherwise specified with borderline traits and antisocial traits. The Court credited the testimony of Dr. Joseph J. Plaud in concluding that Horn had no mental illness. While Dr. Plaud agreed that Horn used violence when sexually assaulting his victims, he stated that there was no demonstrable evidence to show that Horn derived sexual arousal and pleasure from the act of inflicting pain. Horn also testified on his own behalf and the court credited Horn’s personal disciplinary record and personal testimony that he did not derive sexual gratification from the infliction of pain.

Dr. Arnold testified that Horn had a 20% chance of sexually re-offending in 5 years and a 28% chance of sexually re-offending in 10 years.

Dr. Demby stated Horn had a 29.6 percent chance of re-offense in 10 years and Dr. Plaud stated he had a 25.5% chance of re-offense in eight years.

The court found that the government was unable to prove that Horn would have difficulty refraining from sexually violent conduct if released, because during his crimes and imprisonment Horn had “volitional control of his actions” and showed “no serious difficulty in controlling behavior.” The court again credited the reasoning of Dr. Plaud, stating that Horn’s offenses only occurred at the end of unwanted intimate relationships and that it was uncertain such a situation would arise again in the future.

Due to the court’s decision Horn was released to the custody and supervision of a U.S. probation officer on December 20th 2011 on a five year supervised released. Just four years later horn became the subject of a federal manhunt accused of yet another kidnapping and double homicide before he was killed in a shootout with law enforcement.

Court documentation indicates Horn had unsuccessfully petitioned the government to remove his probation in 2013, sending letters from the same residence where he allegedly locked Sandra Sutton in a wooden box. At that time Horn was under the supervision of the Western District of Missouri.