3 life sentences in Lindell beating death; Apartment set afire to destroy evidence.

Byline: Gary V. Murray

WORCESTER - One of six people charged in the 2006 beating death of 24-year-old Billy Lindell, whose Chandler Street apartment was set ablaze in what police said was an effort to destroy evidence of the slaying, pleaded guilty in Worcester Superior Court yesterday to second-degree murder and related charges.

Timothy C. Newell, 21, of 167 Pleasant St., was sentenced to three concurrent terms of life imprisonment on charges of second-degree murder, armed robbery and armed burglary in the July 16, 2006, killing and to a consecutive sentence of 8 to 10 years for arson.

The mandatory sentence for second-degree murder is life imprisonment with a possibility of parole in 15 years. The consecutive sentence of 8 to 10 years imposed by Judge Kathe M. Tuttman on the arson charge means Mr. Newell, who was given credit for 543 days spent in custody awaiting trial, will have to serve a minimum of about 21-1/2 years behind bars and could spend the rest of his life there.

Mr. Lindell was killed during an early-morning robbery that police said was planned after he ordered his roommate, Randy Jordan, out of his apartment at 19 Chandler St. According to Mr. Newell's statement to police, which was summarized in court yesterday by Assistant District Attorney Lawrence J. Murphy, Mr. Jordan told him Mr. Lindell evicted him on three hours' notice after collecting rent money from him.

Mr. Newell told investigators that Mr. Jordan, who is awaiting trial, offered to split the proceeds with him and others if they would help him rob Mr. Lindell, Mr. Murphy said.

Indicted on charges of first-degree murder, armed robbery and armed burglary in the killing of Mr. Lindell were Mr. Newell; Mr. Jordan, 24; Joseph Stewart, 17, of 21 Chandler St.; George Franceschi, 25, of 167 Pleasant St.; Jenny Burns, 19, of 41 Barclay St.; and Krystal Harper, 19, of 15 Marion Ave.

Mr. Newell, Mr. Stewart and Mr. Jordan were also charged with arson and fraudulent use of a credit card. Ms. Burns and Ms. Harper were additionally indicted on charges of larceny of Mr. Lindell's motor vehicle.

Mr. Newell told police he and his accomplices entered Mr. Lindell's apartment

about 2 a.m. with a key that Mr. Jordan still had and were looking for money when Mr. Lindell awoke and a fight ensued. Mr. Lindell was punched and kicked during the struggle, according to Mr. Newell, who told investigators the victim was gasping for breath after Mr. Jordan grabbed him around the neck. Mr. Newell also accused Mr. Jordan of throwing a television set on Mr. Lindell while he was on the floor, according to Mr. Murphy.

Mr. Newell said DVDs were taken from the apartment because Mr. Jordan told him and the others that Mr. Lindell often hid money in DVD cases. Mr. Newell also told investigators that it was Mr. Stewart who came up with the idea of setting fire to the apartment in the event Mr. Lindell died "to destroy any fingerprints."

While Mr. Newell initially denied being present when the fire was set, he later admitted his involvement in the blaze, according to Mr. Murphy, who said Mr. Newell's statement was believed to be "more complete and accurate" than those given by some of the others charged. The prosecutor said Mr. Newell related to police that about $130 was stolen from Mr. Lindell's apartment, along with a guitar, and that Mr. Jordan used Mr. Lindell's ATM card to withdraw $20 from the victim's bank account.

While Mr. Newell said it was not his intent to kill Mr. Lindell, his co-defendants generally agreed he "was the most violent" during the struggle with Mr. Lindell, Mr. Murphy said.

Mr. Murphy said an autopsy determined that Mr. Lindell died as a result of blunt force trauma. His injuries included a lacerated spleen, multiple rib fractures, contusions of the lungs, and head and chest trauma, according to the prosecutor.

Mr. Newell told Judge Tuttman during the plea hearing that he suffers from attention deficit hyperactivity disorder and has been diagnosed with bipolar disorder.

The sentences imposed by Judge Tuttman were recommended by Mr. Newell's lawyer, James G. Reardon Jr., and Mr. Murphy, who told the judge Mr. Lindell's family was in agreement with the sentencing recommendations.

Mr. Newell also pleaded guilty to fraudulent use of a credit card and received a sentence of 3 to 5 years, to be served concurrently with the sentence for the arson charge.

In urging Judge Tuttman to adopt the terms of the plea agreement, Mr. Reardon said Mr. Newell and his accomplices entered Mr. Lindell's apartment "by subterfuge" and that it was their hope they could take his money without awakening him.

The cases of Mr. Newell's co-defendants have been continued to Monday.

NOTE: 2006 INCIDENT