Larkin out on bond after transfer from prison, murder conviction reversal
Apr 2, 2013 at 8:52 AM
Dale Larkin, the Johnson City man whose first-degree murder conviction for his wife’s 2003 asphyxiation death was overturned last week by a Tennessee appellate court, was released Monday night from the Washington County Detention Center.
Larkin was released on $100,000 bond at 9:41 p.m., having been transferred from Riverbend Maximum Security Institution in Wartburg.
Larkin, now 58, was not charged until 2009 in Teri Larkin’s death. A jury convicted him in February 2011 and Judge Robert Cupp sentenced Larkin to life in prison.
Minga filed a motion Thursday asking Cupp to reinstate his client’s previous $100,000 bond. Cupp signed the order, which is marked filed at 5:05 p.m. in the clerk’s office.
In overturning Larkin’s conviction, the Tennessee Court of Criminal Appeals determined there was insufficient evidence to prove premeditation and said Larkin can only be tried on a second-degree murder charge.
Local prosecutors must decide if they will appeal the CCA’s ruling or take Larkin back to trial on the lesser charge.