Asserting he didn't commit murder, Bargo tells judge, 'I don't want to die'

Michael Bargo, left, looks on with defense attorney Charles Holloman during a Spencer hearing at the Marion County Judicial Center in Ocala on Wednesday.

Bruce Ackerman/Star-Banner
Published: Wednesday, November 13, 2013 at 3:18 p.m.
Last Modified: Wednesday, November 13, 2013 at 5:56 p.m.

During a hearing Wednesday where the defense argued that convicted murderer Michael Bargo should be sentenced to life in prison instead of death row, Bargo himself floundered on what sentence he would prefer.


@ajtwarren posts updates from hearing

Star-Banner reporter April Warren posted updates from the Michael Bargo hearing on Twitter.

"Your honor, I don't want to die, obviously nobody wants to, I mean, but I'm not going to ask you for a life sentence either," Bargo told Circuit Judge David Eddy in a 10-minute allocution.

"I was never given a fair trial, never given the chance to argue my innocence," he proclaimed, referencing witnesses and documents he was not allowed to present at trial that would have proved his case.

He also alleged that co-defendant Kyle Hooper committed perjury during his trial testimony.

In August a 12-member jury recommended Bargo die for his role in the brutal 2011 murder of Seath Jackson.

During the hearing Wednesday, both the state and defense were given the opportunity to present any additional relevant testimony to the judge. Eddy will impose the sentence in December — on Friday the 13th.

Five co-defendants are already serving life sentences, but the state sought death for Bargo, 21, the alleged ringleader and triggerman.

"I think it's terrible what happened…it's pretty bad, a 15-year-old kid got killed, that's pretty messed up," said Bargo, his first ever public comment about Seath's death. "But I didn't do this."

Bargo testified during his trial but did not address Seath's death.

Bargo spoke briefly to the judge from his seat and described several inconsistencies in his co-defendants' statements about the events surrounding the murder and mentioned pages of evidence that would prove his innocence.

Both Eddy and defense attorney Charles Holloman re-directed Bargo, explained the purpose of his testimony was not to question the trial outcome. Rather, the purpose was to ask for mercy, explain his conduct, apologize or include anything else to lessen the impending sentence.

"It's logical for you to argue for life unless you want to be a death volunteer and I would assume that's not the case," Holloman told his client in court. "If you plan on appealing I would think you'd want to be alive to pursue that appeal."

Bargo concluded his allocution with a decision; "I don't want to die, I really don't," he told Eddy, referencing his young age at the time of arrest.

During the morning session, defense attorney Candace Hawthorne presented testimony seeking to paint her client as more of a victim than the aggressor in an ongoing feud with Seath.

She pointed to death threats, Facebook comments and heated exchanges in front of neighborhoods to bolster her case.

A shackled Bargo sat quietly, listening to defense testimony establishing he had been bullied by Seath in the past. His face remained emotionless, but he repeatedly touched the new soul patch below his lower lip and bit his nails, showing off a new "313" tattoo down the back of his right forearm when extending his hands.

Hawthorne walked a fine line as she elicited details seeking to discredit the victim without violating a prior ruling that prohibited her from defaming Seath's character.

Duane Hooper, the father of co-defendants Kyle Hooper and Amber Wright, testified about his knowledge of events in the neighborhood before the victim's death.

"Seath Jackson threatened to shoot me," he testified. "He also threatened to burn down my house on Facebook."

He recalled visiting the Jacksons' house with Michael Bargo Sr., the defendant's father, to talk about some of the spats that had occurred between the neighborhood teenagers, but the victim's parents were not home.

Duane Hooper testified to treating Bargo Jr. like his own child, but close to Seath's murder had noticed a change in the defendant and suspected drug use.

Hawthorne also suggested Bargo had sought to obtain a trespass warning against Jackson, but the law enforcement officer who had been involved did not testify.

Duane Hooper and his ex-wife, Tracey Wright, both described Bargo as a respectful young man.

During trial, the state said the feud between Bargo and Seath had begun over Amber Wright. Bargo testified Amber had told him Seath had abused her.

Sonia Jackson, the victim's mother, had previously denied her son abused the young woman.

Tracey Wright testified finding bruises and cigarette burns on her daughter's skin during her relationship with Seath. "It was just a bad relationship," she said.

The alleged abuse caused Bargo to become angry, Wright testified.

"A few times Michael had asked him (Seath) to come over and fight him (Bargo)," said Seath's friend William Samalot, on the witness stand. "There was a lot of back and forth, they were antagonizing each other."

The Marion County Sheriff's Office had also been called to the neighborhood over disputes between Bargo and Seath.

The victim's father, Scott Jackson, testified attending one of the gatherings with law enforcement. He remembered asking both Bargo Sr. and Jr. if the defendant owned a gun, but both Bargos assured him the teenager did not possess a firearm.

The state believes Bargo shot Seath with a .22-caliber handgun he received in a trade for performing yard work.

Eric Mings, a neuropsychologist with a focus on adolescent brain development, tested Bargo and found his brain function to be relatively normal, except for one piece of his brain that might be functioning slower, possibly affecting his damage control impulse.

On cross-examination, Assistant State Attorney Robin Arnold asserted this was not a crime of impulse or an instantaneous act, but rather a well-thought-out plan to murder Seath.

Seath's father took the stand first for the defense during the morning. Hawthorne asked him a question he has yet to answer publicly: his thoughts on the man accused of killing his son.

"I'm not allowed to put that in my words," he said, twisting up his face in anger and curling his fingers. "Let's just go with I don't really care for him."

Contact April Warren at 867-4065 or


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