Special Circuit Judge Jeff Weill ordered Attorney Barry Gilmer to appear in Madison County Justice Court tomorrow for execution of his sentence. However, the hearing was continued until May due to the closure of the courthouse. The Justice Court convicted Gilmer of discharging a firearms towards a dwelling and disturbing the peace. Judge Weill dismissed Gilmer's appeal after the attorney failed to appear for his jury trial. JJ reported on December 17, 2018:
Attorney Barry Gilmer was convicted of disturbing the peace and discharging a firearm towards a dwelling in Madison County Justice Court this morning. Deputies arrested Gilmer on April 16 after he fired a rifle in the direction of his neighbor's house. Justice Court Judge Lloyd Spivey, Jr., sentenced him to serve twelve days in jail for discharging the firearm.
Gilmer argued he was protecting his property from his neighbor's vicious dog. He said the hound-mix got out all the time and was on his property when the incident took place. He admitted in court he fired at the dog with his shotgun. The pellets shattered a kitchen window. Two small children were behind a window adjacent to the one that was shot. Gilmer claimed a tree blocked the view of the complainant.
Judge Spivey ruled Gilmer was guilty of the two charges. He fined Gilmer $500 and sentenced him to serve six months in jail for disturbing the peace, but suspended the jail sentence. He fined Gilmer $1,000 for the firearm charge and ordered him to serve twelve days in jail. Gilmer must pay court costs. Judge Spivey delayed the sentences for thirty days so Gilmer can appeal to County Court.
The Court apparently had some problems dealing with the defendant. Judge Weill stated in his order:
Court on August 26, 2019. The jury trial requested by the Defendant was scheduled to begin on
February 24, 2020 at 9:00 a.m, and was thereafter rescheduled to February 27, 2020, at 1:00 p.m. by
Order of the Court executed on January 22, 2020. The Defendant failed to cooperate with the
Scheduling Orders in this matter, specifically pertaining to discovery, motions, jury instructions,
a status pre-trial conference and motion hearing, and most importantly, by failing to appear at the
appointed time and place for the jury trial, all at great expense and inconvenience to the parties
and the court. The Defendant sent informal emails to the court asserting various illnesses and court conflicts, and though ordered by the court to do so, repeatedly failed to produce documentation supporting same.
Today, after the jury had been qualified by the undersigned, the Defendant failed to appear for
long-scheduled trial at 1:00 pm, and, at 1:17 p.m. sent an email to the court and counsel
without any corroboration, attempting to explain his absence.
Judge Weill remanded the case to Madison County Justice Court for sentencing tomorrow at 9 AM. The courthouse is closed due to the Wuhan Virus. The case is continued to May.
12 comments:
a real piece of work- to put it mildly.
Some attorneys seem to make a career out of obstructing the process. Glad to see Judge Weill putting his foot down on that practice and handing down real consequences.
All I want to know is, WHO LET THE DAWGS OUT?
He’s old and ill....needs to be fined and sent home
The Ms. bar assn. shows he still is licensed in Ms. What is the function of the Ms. bar assn.?
"Deputies arrested Gilmer on April 16 after he fired a rifle..."
Apparently not.
He shot his neighbor's window our because their dog was on his property. His appeal is exhausted because he failed to show up to court. Now he gets to spend 12 days in jail.
he's one of the last of the old school curmudgeons. most have died off
Barry is currently fighting Chuck McRae in Hinds too. Trying to move court dates and not showing up for trial etc. Karma is a biatch...
So he shoots out a window at his neighbors house. There are people in the room at the time who could have been injured or killed. And he suspends his sentence? That should be jail time. It’s bad enough he wants to shoot someone’s dog just because it’s on his property.
2:51 - There are at least forty practicing attorneys in the Metro who are older than Gilmer (Including Harley McRae). Some of them work at least 18 hours a week and can negotiate elevator buttons without assistance.
Gilmer isn't "old and ill". He is regularly out on his property on the east side of Catlett Road working on an old dozer or dumptruck. I've stopped and talked to him in the last two weeks. He thinks the whole thing is funny and he ain't going to jail. He usually has his dog with him. And he's digging for dirt on Lloyd Spivey (the judge, not the deceased Canton attorney).
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