Former professional soccer player and Clinton resident Kellen Gulley was arrested for aggravated assault, possession of illegal drugs with intent to distribute, and shooting into a dwelling place in Clinton last January. He posted bond but was arrested again in Clinton for possession of illegal drugs, a firearm, and alleged "drug money" on July 29. Prosecutors moved to revoke his bond on the January charges. A revocation hearing is scheduled for August 11 in County Court. However, Gulley attorney Matt Eichelberger fought the attempt to revoke his bond today. Mr. Eichelburger argued in his response today:
*The court lacks jurisdiction. Gulley argued that the court bound him over to the grand jury on the January charges and set his bond. Gulley posted his bond in March. Gulley claimed: " As a result, the County Court lost jurisdiction over this matter both upon binding over to the grand jury and upon Mr. Gulley’s release from custody on bail. If the County Court did not lose jurisdiction at either of those points, it surely did upon the exertion of jurisdiction over this matter by the Circuit Court."
*The state failed to indict Gulley. The response states the Grand Jury has met five times since his January arrest. The grand jury also met on the day that the motion to revoke was filed. Mr. Eichelberger thus asks:
This begs two questions: Why was the State preparing a motion to revoke bond when the State could have been presenting the case to the Grand Jury which was meeting on literally the next floor? And why hasn’t the State obtained an indictment in this case, given that it has had ample opportunity? The answers are simple and the same: the case against Kellen Gulley is fatally flawed and the State knows it cannot succeed in pursuing it.
*Gulley acted in self defense. The reply gives Gulley's account of the events that happened in January:
On January 25, 2016, Kellen Gulley was in the driveway of his home at 111 Cardinal Lane in Clinton, Mississippi, when a gold 2005 Nissan Altima arrived. The individuals inside, two of whom were later identified as Austin Dontrell Williams and Robert James “RJ” Lewis, II, exhibited a firearm and pointed it in Gulley’s direction. Gulley, exercising his right to self-defense pursuant to Mississippi’s Castle Doctrine, began firing at the Altima, with one of the bullets ricocheting off of the car and into a nearby home. The Altima sped away, and later wrecked at 413 Parker Drive.
Meanwhile, Clinton Police Department Dispatch received word of a possible shooting and car accident in the area of Cardinal Lane and Parker Drive, and sent officers to respond. One of those officers was Officer Robert Nordan. In his report, Officer Nordan describes finding a black male subject in the rear of a gold 2005 Nissan Altima “appearing as if he was trying to get something out of the back seat.”4 Officer Nordan ordered the man out of the car, and the man complied. When Officer Nordan’s fellow officer, Detective Greg Davis, got close to the car he “noticed an unknown amount of marijuana in a medium sized bowl sitting in the back seat of the vehicle” and took control of it.
The response then provides the minutia and conflicting testimony from various individuals involved in the shooting.
*The January drug charges. The police searched the home after they obtained a search warrant. However, Gulley claims a copy of the warrant was not left with his parents even though they own the home that was the subject of the search. The warrant states 306 Cardinal Lane as the subject address. However, the Gulleys live at 111 Cardinal Lane.
Gulley accuses the prosecution of attempting to revoke his bond because it knows it won't be able to prosecute him on the January charges.
Note: Mr. Eichelberger included this somewhat amusing footnote on page 4:
6 While Clinton has been home to more than its share of exceptional athletes, it is truly a shame that the world will never know the identity of the mysterious phenom with the ability to throw an ounce of marijuana from a moving car directly into a medium-sized bowl on the backseat of a stopped car. One can only hope he will reveal himself in time.