NEW HAMPTON - He expected consequences and acted with violence anyway. He was high on methamphetamine and drunk but still recognized right from wrong.

Rusty Joe Barker, 23, of Waterloo, admitted guilt Tuesday, accepting convictions for third-degree kidnapping and two counts of committing willful injury.

"You knew what you were doing while you were doing it?" Judge Geer asked.

"Yes, sir."

Barker was one of five people facing charges after an incident in August in rural Chickasaw County. He was initially arrested for first-degree kidnapping, a Class A felony.

Justin Thompson, 19, of Dunkerton, is charged with first-degree kidnapping. Robert Skillen, 30, and his live-in girlfriend Kimberly Matchett, 36, are charged with aiding and abetting first-degree kidnapping and with four counts of child endangerment. Amanda Wear, 20, also known as Amanda Pert, is charged with aiding and abetting first-degree kidnapping.

As part of a plea agreement, Barker received three 10-year sentences to run consecutively. The potential for 30 years in prison may have seemed attractive compared to the alternative: A conviction for first-degree kidnapping would have meant life in prison with no chance for parole.

"It was a fair deal," said his father, Rusty Earl Barker, after the hearing.

Judge Geer said the lengthy sentence was "warranted and appropriate" given the nature and duration of the attack.

Court records indicate Cummings suffered burns caused by cigarettes and blows with fists and objects. Statements from witnesses also allege the torture lasted for four hours. Part of the attack occurred while the victim was naked, according to court documents.

Barker admitted striking Cummings with a metal object and to shocking the 20-year-old man with a device meant for automobiles.

"I connected a battery charger to Mr. Cummings and turned it on," Barker said.

Before accepting the guilty plea, Geer asked a variety of questions to determine Barker's level of understanding. The judge said he didn't want Barker returning to court in the future claiming his defense was inadequate or that he had wanted a trial.

"Do you understand those rights?" Geer asked.

"Yes, sir."

"Do you agree to give up those rights?"

"Yes, sir."

Along the way, Barker noted he finished 10th grade and that he is taking Prozac. The medication is the most widely prescribed antidepressant and is used to treat depression, panic disorder, obsessive compulsive disorder and bulimia nervosa, according to the manufacturer.

Judge Geer also asked if Barker realized being under the influence of alcohol or diminished responsibility might have been legal defenses against the charge.

Richard Stochl and Carter Stevens, Barker's attorneys, said they spent considerable time reviewing those issues with their client. They determined the options weren't viable, Stochl said, because Barker during the assault believed he would likely be arrested.

Stochl said the biggest issue Barker faced was coming to terms with going to prison and leaving behind his two young children.

"He is truly, truly sorry to Mr. Cummings and to the state of Iowa and to his children," Stochl said.

Barker arrived in court in tears and handcuffs. He broke down several times during the proceedings. His mother, Julie Ransom of Colwell, was in the front row of the gallery, and she wept as well.

His attorneys offered no motive for the crime except a vague reference in court to Barker's former character.

"The man he is today is not the man he was that night, not the man he was two to three years ago," Stochl said.

Ransom after the hearing was more specific. She said meth ruined her son's life.

"He moved to Waterloo and got into it heavy," Ransom said.

Chickasaw County Attorney Patrick Wegman declined to comment on why his office accepted guilty pleas on lesser charges or to address the possibility Barker might provide information against four other people charged in related cases.

"I'm not going to answer that," Wegman said.

Other cases

Another defendant, Amanda Wear, also known as Amanda Pert, appeared in court Tuesday as well. Her attorney, Thomas Frerichs, argued Judge Geer should dismiss the charge of aiding and abetting first-degree kidnapping.

Frerichs said authorities can produce no probable cause to support the charge or any evidence to suggest Wear participated in confining the victim against his will.

"Amanda Pert has nothing to do with that. She wasn't even there. She hadn't come home yet," Frerichs said.

Wear's only possible crime, he said, was telling Cummings after the fact to lie about his injuries.

"That is the extent of her involvement," he said.

Frerichs also suggested Wear is technically charged with first-degree kidnapping, not aiding and abetting that offense as the county attorney's office maintains. The legal distinction would mean Wear is accused of being a principal player, not a supporting actor.

Geer described the argument as "creative" but allowed Frerichs and Wegman the opportunity to submit legal citations to support their views. Later in the day, he ruled proceedings against Wear will continue.

In a separate debate and in court documents, Frerichs addressed an issue raised earlier in the month by defense attorney Richard Stochl: an alleged sexual assault by Cummings against a girl in the house.

Frerichs said trial information reveals Barker forced at least some of the juveniles in the home to kick Cummings. The apparent implication was the attackers tortured Cummings as retribution for an alleged rape.

In a previous interview with the Courier, Robert Skillen said his girlfriend's 16-year-old daughter, Lesleigh Miller, dated Cummings.

Wegman argued that bit of the story supports the charge against Wear.

"Lesleigh Miller told Amanda about the allegations and to not tell Barker," Wegman said. " … She did anyway, knowing that would continue the beating and possibly increase it."

Evidence

A third defendant's lawyer filed motions Monday and Tuesday to suppress evidence and to hire an expert.

Defense attorney Roger Sutton claims written and verbal statements made by his client, Robert Skillen, are invalid because of Skillen's limited mental abilities. In court documents, Sutton argues Skillen does not have the capacity to understand the significance of such comments.

Skillen was under a guardian's oversight until 2006, according to public records. An annual report filed for 2000-01 describes Skillen with mild retardation and attention deficit and hyperactivity disorder.

The expert hired at the state's expense would try to determine whether Skillen has the ability to form intent.

In his motions, Sutton also argues items seized by law enforcement officials during a search of Skillen's property were taken illegally.

Judge Geer will hear the motion to suppress evidence on Oct. 16.

Contact Dennis Magee at (319) 291-1451 or dennis.magee@wcfcourier.com.