Barger Charged w/First Degree Murder, Intentional Homicide of Unborn Child

Shelby County murder suspect Deven Barger is accused of shooting Samantha Cushing in the face with a shotgun, killing her and resulting in the death of the unborn child she was carrying.

During a brief appearance by Skype in Shelby County Circuit Court Wednesday morning, the 24-year-old Barger was charged with one count of First Degree Murder and one count of Intentional Homicide of an Unborn Child. Barger could receive from 20 to 60 years in prison on each charge, although aggravating circumstances could increase those possible penalties to 60 to 100 years.

Shelby County State's Attorney Gina Vonderheide said Barger is accused of shooting Cushing, described as his girlfriend, at 112 North Will Street in Shelbyville Monday morning. Barger was out on parole on a prior offense. Vonderheide said Barger had told his parole officer that he was living in Watson.

An autopsy conducted Tuesday in McLean County revealed that Cushing was six months' pregnant.

In presenting her findings in the case, Vonderheide stated Barger at one point told the arresting officers that the shooting was an accident, but at another point told the officers that if he had another gun, he would have shot them, too.

Vonderheide said at the time of Barger's arrest, he had his three-year-old daughter riding with him.

Judge Amanda Ade-Harlow at a later hearing Wednesday morning set Barger's bond at $5 million. She also ordered Barger to be transferred to the Department of Corrections rather than Shelby County Jail until his preliminary hearing, which was set for 11am on July 31.