Man charged with murdering JCCC cellmate

Terry Volner was charged with killing his prison cellmate

A convicted murderer is now charged with killing his prison cellmate.

A grand jury indicted Terry Volner on the charges of first-degree murder of his cellmate Jose Benitez, 67.

Court records indicate Volner knowingly caused the death of Benitez by striking him on July 16.

The Cole County Sheriffâ??s Department has said no weapons were believed to be used in the attack.

The Missouri Department of Corrections says Benitez was serving a 25-year prison sentence for first-degree statutory sodomy from Jasper County.

He had been in the Department of Corrections since March 2012.

His attacker, Terry Volner, is serving a murder sentence at JCCC. According to court records, Volner pleaded guilty in 2012 to the Wright County murder.

Volner has a lengthy criminal record.

In 2008, the convicted murderer also pleaded guilty to knowingly burning or exploding something and also pleaded guilty to stealing in Wright County.

In 2007 Volner pleaded guilty to felony burglary and felony stealing, both in Wright County.

Special prosecuting attorney Kevin Zoellner said the state intends to seek the death penalty for Volner.

Court records said the state will seek the death penalty because Volner had a prior murder conviction, he committed the murder of Benitez for the purpose of receiving money or something of monetary value from the Benitez, the murder was â??outrageously or wantonly vile, horrible or inhuman that involved torture or depavity of mind.

They are also going for capital punishment because the Benitez was an inmate at the department of corrections and that's where the murder happened.