Monday, August 8, 2016

Gulley: search warrant wrong, shooting was self-defense

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:

Kellen Gulley

*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.


Anonymous said...

"But he's such a sweet boy. He would never hurt no-one. He might steal, rob, sell drugs and point a gun, but he never hurt nobody. Besides, he be a good soccer player and make plenty loot doing dat."

Anonymous said...

He doesn't make any money now. No one will have him. Brilla in Clinton didn't even pick him back up, and they don't even pay the athletes.

Anonymous said...

Do Gully's parents live in the Cardinal Lane house, too? Who are they? How did they come to live in Clinton? I'm wondering about the family dynamics here. A description of the parents would be very interesting.

Anonymous said...

such a waste of talent.
OR he thought a dose of cough syrup was two tablespoons instead of teaspoons.. yeah, that's the story...

Anonymous said...

Who cares about his parents... get a life

Anonymous said...

If his parents were not along with the ride when he broke the law their business is their own and not some busybody's.

Anonymous said...

"Who cares about his parents... get a life"
August 9, 2016 at 11:11 AM

"If his parents were not along with the ride when he broke the law their business is their own and not some busybody's."
August 9, 2016 at 12:32 PM

So who are YOU? The being's parents?

In any event, I'd like to know why it is living in Clinton. Are those its birth parents, or did they adopt? Its name, and their names, don't mesh with its picture. Where are they from? If they're from elsewhere, how did they get to Clinton? I smell something churchey and missionary-like. Too, I'd like to know about their parenting style (or lack thereof). Someone surely knows.

And I'd like to know why my inquiries are so threatening to the above poster(s).

Anonymous said...

"Besides he be a good soccer player and make plenty of loot doing that."

Soccer players don't get paid crap unless your endorsed, doing commercials, etc..

Like stated, Brilla, who doesn't pay, didn't even invite him back. Loot? And he be a good?

Seriously upsets me that you being unable to even use tense correctly in a sentence, use the word loot pertaining to soccer pay, and claim he's a sweet boy? Ha that's awesome. I would love to read through your chicken scratch to un-earth some sweet stories of him. He made a tiny bit of money with all intentions of "investing" in the drug "game". He did. He failed. But so did our system. The only way things get done in MS is because of outspoken people like KF. Just get attention from out of state or a very very few good eyes in MS, then you get results. Otherwise, many people fall through the cracks. Many of them for some scary, un-believable reasons are always murderers or rapist.


Anonymous said...

3:06, your posts are not threatening. You are just a little to nosey. No one has to answer to you. It isn't any of your business. I would imagine you smell quite a few things with that long nose. Why not keep it in your own house?

Anonymous said...

Slanging loud, sippin sizzurp, and playing with guns..

When someone comes to rob your bat nest of petty amounts of drugs..just blast first and claim castle doctrine later.

Realistic views. Apprehensive returning to Jackson!


Anonymous said...

Gulley's Mom is an Army veteran and works at the VA. Black. Wingfield Class of 1978. She is a good person.

Dad is now 68 , white, and abandoned his first family of 3 kids (white), when they were 3, 2 and infant. He was known for his temper and yelling at soccer referees over the years, and known for the assault of two high school referees when his kids played at Clinton High School.

James and Kellen are the two children of James and Marie.

Anonymous said...

Thank you, 6:58! Most interesting!

Anonymous said...

He abandoned his second family too. This is number three

Anonymous said...

"He abandoned his second family too. This is number three"

Wow. Never heard about this.

What's Kellen Gulley doing now? In jail? Out?

Inquiring minds, and nosey people, want to know.

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