Update (8:55 PM): Madison County Justice Court Judge Lloyd Spivey set Gilmer's bond at $751,000 at his initial appearance this afternoon. The hearing was conducted via videoconference.
Original Post:
or The Epic of Gilmermesh ends in jail.
Attorney Barry Gilmer is apparently trying to convert his jail sentence to a prison sentence. The Madison County attorney severely injured a female detention officer as he beat her to a pulp this morning at the Madison County jail. Gilmer is serving a 12-day sentence after he was convicted of shooting at his neighbor's house.
The Epic of Gilmermesh began on April 16, 2018 when Madison County deputies arrested Gilmer on April 16 after he fired a shotgun 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.
In January 2019, Gilmer filed a notice of appeal to the county court for a trial de novo. In August 2019, the county court entered a scheduling order setting the date of Gilmer’s jury trial for February 24, 2020. On January 22, 2020, the county court entered an order rescheduling the trial date for February 27, 2020. The next day, Gilmer filed a motion to alter the scheduling order and requested additional time to comply with discovery. The City filed a response opposing Gilmer’s motion. The county court judge then emailed Gilmer and the City to set a date and time for a motion hearing and pre-trial conference. The county court judge indicated that he would rule on Gilmer’s motion and any other pending motions at the hearing.
February came along with more excuses. Gilmer emailed the judge 19 days before the trial and said he not been able to prepare for his day in court since he just concluded a "lengthy trial." The attorney included a motion to continue in the email but did not actually submit it to the Court.
Gilmer notified the judge the next day (February 10, 2020) that he was "hospitalized with pneumonia." The County Court set a pre-trial conference for February 19 and kept the trial set on February 27. The Court asked documentation of the hospitalization (affidavit from an attending physician) and a copy of his hospital discharge summary so the scheduled events could be postponed if need me. Gilmer emailed the judge yet again and explained he was "bedridden."
February 27 came and went with no appearance by the defendant at his trial. Gilmer emailed the Court 17 minutes after his trial was supposed to begin and said he was hospitalized yet again.
The Madison County Court dismissed the appeal and remanded the case back to Justice Court so Gilmer could serve his sentence. The Court noted Gilmer never provided any documentation showing he was hospitalized.
Gilmer asked the Court to reconsider its judgment and provided 100 pages of medical paperwork but not the required affidavit and discharge summary.
However, Gilmer couldn't wait for the County Court to rule on his motion but went ahead and appealed to Circuit Court. The Madison County Circuit Court said nice try and ultimately kicked out his appeal.
In a desperate attempt to avoid jail, Gilmer appealed to the Mississippi Court of Appeals.
The Court reviewed the case and as the lower courts did, dismissed his appeals, thus returning the case back to Justice Court for enforcement of the jail sentence.
Gilmer began serving his sentence Wednesday but just could not leave well enough alone as his reputed orneriness went on full display this morning .
Sheriff Randy Tucker said a female detention officer was serving breakfast when Gilmer started beating the jailer. She suffered a broken rib, broken collarbone, and severe bruising.
Sheriff Randy Tucker said Gilmer will be charged with escape and felony aggravated assault on a law enforcement.
83 comments:
Always been a hothead and a-hole. Chickens have come home to roost. He and Mardis would be great roomies.
How on earth does one get 12 days for shooting into an occupied dwelling? The law does not involve an element of intent, so not seeing the window while shooting at a dog is not a legally viable excuse.
And who spends years avoiding less than two weeks in county jail? Just do the time.
This man clearly thinks he is above the law, and I'm not sure Madison county has done anything to teach him otherwise.
He still has his law license. I'm sure the Bar was waiting for appeals to play out, etc...
Well that's stupid. Let's see how fast his boy rolls in to try to save his dad.
Hope the dog lives.
I fought the law and the law is gonna win-
I have a hair trigger temper but also a mitigating conscience so could never harm a female unless she was a 6 foot husky thug who injured me first. What could the lady-jailer have possibly done to trigger him?
I noticed he bowed up on a female officer. I also noticed he didn't bow up on the biggest baddest mofo in the Madison county jail.
Them lady jailers do get mouthy, though, don't they, now?
He could've been billing clients 48 hours each day for 12 days had he been in the Rankin County pokey. Dummy.
He's always been mean as hell, and a little bit loose in the head. Combine that with some age-related mental issues he is now having and you have problems. He's dangerous.
Gilmer's should have been disbarred years ago. Reputation for filing frivolous and questionable lawsuits.
Jesus, This guy is a monster.
Maybe he and Carlos the Clown can open a new firm together???
Earlier court case, some 15 years ago, where he got in a fight with a neighbor (probably the same one) over a property line dispute and, I believe, destroyed a fence that the neighbor had on the neighbor's property, claiming it was his own (Gilmer's) land.
This was on his land northwest of the Catholic church at what is now the city of Gluckstadt. I don't recall the outcome of that trial.
Barry, bless his heart, has been in the news for decades. As they say, he is his own worst enemy. Not sure what 'the silver-spoon son' can do on his behalf. Barry is destined now to serve hard-time.
"...when Madison County deputies arrested Gilmer on April 16 after he fired a rifle in the direction of his neighbor's house."
"He admitted in court he fired at the dog with his shotgun. The pellets shattered a kitchen window."
I thought Kingfish was a firearms expert.
"Hope the dog lives."
Nothing to indicate the dog was hit or that it was even the target.
The only comment he submitted was approved.
Matt, in all seriousness, post your version of events with the neighbor and the corrections officer if the truth is not yet out there.
And yes, I’m posting anonymously; not because I’m spineless but because I don’t want some unhinged MF showing up at my doorstep because of some post they disagreed with.
Seems to me a lot of folks in this thread need the services of a
shrink including the Gilmer’s. Good grief.
It looks like 8:02 heap big mad. He's a famous litigator standing in the middle of the street at high noon, daring anyone to meet his steely gaze and face his razor wit. Ooh, I'm a scared.
Apples don't fall too far from their trees.
$751,000, I guess they will start a GoFundMe.
Sorry, "Silver Spoon." I don't think you're going to find much sympathy here for a man who beats up a woman who is just trying to do her job.
Oh please let it be Judge Dewey Arthur presiding over his trial… oh please Lord
It has been said by experts in the field of psychology that sometimes it appears that the apple doesn’t fall too far from its tree.
Matthew, explain your father’s innocence in this particular case.
This blog is too funny. I posted my real name Matthew. I guess you'll be suing me. I dare you!
Wowiezowie! I was not inclined to believe any of the "slanderous" "mischaracterizations" offered by all those spineless whatchamacallits... well... not until SilverSpoonBoy showed-up, foamin'-at-the-mouth, and threatening everybody.
Does Frontotemporal Dementia run in families? Just wondering, for no particular reason, and in reference to nobody-at-all.
Oh, and do apples fall far from trees?
Now we know why the property where the “alleged” firearm charge occurred is not in the name of the “defendant” but in the name of the self-described “silver spoon son.”
Let’s decode what “preserve every piece of data about these anonymous postings” means>
“we’re lawyers, and whether right or wrong we can have court dates extended for years. We live by the code that a good lawyer knows the law but the great (corrupt) lawyer knows the Judge. And by the way, if you dare call us out for being immoral, we will use the corrupt fee churning injustice system to make your life a living hell, because, well, we’re lawyers.
Read Kings of Tort and the Fall of the House of Zeus.
Perhaps young Matt will point to particular slanderous posts. I see a lot of opinion posts. Opinions are not slanderous.
A charge of slander won't be meritorious if a statement is believed to be true and is made without malice.
I'm no lawyer, but doubt 'mischaracterization of a public record' is actionable. Can you point to which public record has been mischaracterized?
I knew Barry a long time ago and really liked him, dove hunted on his property. Also knew Uncle Gerald, Barry's brother, for many years and he was a favorite of mine - R.I.P.
I really wish Barry had not gotten himself into these messes, but my wishes are worthless at this point.
Why would anyone post their real name when a predatory scumbag lawyer is just itching to sue them for defamation? The apple and tree comment seems appropriate.
It’s not always prudent to say things we all know to be true publicly.
He is a complete moron and deserves to be locked away. Please sue me.
Pray tell, what pecuniary loss would be claimed in any of these "slander" suits?
No idea who these people are (dad and son). I hope that detention officer is ok.
Funny how there is no posting of a capias, or other actionable warrant.
Obviously I'm not a highly esteemed and experienced lawyer as yourself. My intellect is but a drop in the sea compared to yours. I do not possess your penetrating mind, your brow. I'm just a little man, just a pair of ragged claws scuttling across the bottom of what is Mississippi.
However, I thought a capias was only required when there is an indictment. Mr. Gilmer, the honorable Mr. Gilmer, was not indicted. The court documents back up everything in my post. He was arrested, convicted. HE appealed over and over and lost. He had to serve his sentence.
He was not indicted, but arrested. You do know the difference, right? There is plenty of video evidence of what your father "allegedly" did yesterday in jail. An initial appearance was held through videoconferencing, your father was given a high bond and that is that. I know who I am dealing with here. Your reputation for litigiousness is quite well known and supported by a review of the area court dockets. The posts on your father's case is supported by arrest reports, court records, and jail records. Sheriff Tucker went on the record yesterday in describing the incident and the woman's injuries. If you have a problem with what I reported about yesterday's events, take it up with him.
What is sad, really sad, is that neither you nor your friend, mentioned anything about the woman who was beaten "allegedly" to a pulp by your father yesterday in jail. No concern for her nor her injuries. No remorse shown, just what somebody somewhere thought or said about the defendant.
KF is always able to bring out the best in everyone! MG when you awake from your night at shuckers and early morning crispy cream run please give us an update on when your dumb ass try’s to sue someone! May God have mercy on BG but I hope the judge doesn’t!
Every judge Gilmer has gone before with the exception of Spivey is an attorney. We all know attorneys and attorney judges with take care of the attorneys that are defendants in their court.
Hats off and Kudos to justice court judge Spivey for setting a bond fitting an attorney. I dont care what Silver Spoon says, unassing $75K cash because your Daddy did some stupid bullshit has to sting some.
Now, Silver Spoon's squad has to defend Daddy against felony charges because Daddy laid hands and feet on a female detention officer. The Sheriff doesnt play when his officers are harmed doing their jobs and hopefully Bramlett wont play either.
Sick and tired of seeing attorneys thinking they're above the law, dragging their cases out for years then skating on charges because the spineless no balls judges allow it since the defendant is a LAWYER thats PASSED THE BAR.
Good Luck, Silver Spoon.....
Where can we see the video?
Wow, 12 days is going to turn into 12 years. His high powered legal intellect was really working there
I also noticed the same thing Kingfish noticed. Young Gilmer never mentioned the jail officer. It sounds like she was hurt pretty bad. Young Gilmer helped me form an opinion of young Gilmer all by himself. I hope she recovers quickly with no ill effects. I hope that justice is served on the person that perpetrated this horrific injury upon her. I hope young Gilmer stays away from social media sites.
Matt,
You are a lawyer? I am one too! And it would libel you, moron. Not slander.
Silver spoon, are you related to Carlos the Clown?
Few things are more funny than a dumbass in high moral dudgeon.
So, should the lesson here be that female (or even male) detention officers should not be working alone in the midst of potentially dangerous prisoners/detainees?
A couple of questions for the esteemed attorneys posting here. Can the detention officer sue Gilmer? Can the homeowner with the shot-out window sue him?
wow , the lawyers of the jackson jambalaya school of law are really foaming at the mouth while spewing ''legal'' chicken shit over this one.
if anyone wants to know why mississippi is considered a moronic third world country they need only to read most of these comments.
I know Judge Spivey and he has always been a good man. Honest. I’m wondering if Mr Gilmer thought about the old phrase “don’t bite the hand that feeds you”. That woman officer was trying to bring his meal to him and he turned on her. Having the onset of dementia won’t get him out of this issue. She was only doing her job. Now for the family next door to Mr Gilmer they must have lives in fear all the time. I can only imagine moving your family to a nice place trying to do better and all of a sudden this type of neighbor is next door to you. It makes for some uneasy days and nights. Uncomfortable is the word I’m trying to find. I had a similar situation one time and I can feel for that family. I certainly hope the lady officer is ok. I know she is shaken over this.
@11:50
One does not have to be a legal expert to know that physically assaulting a detention officer is not advisable. For one, it subjects the legal eagle at issue here to a lengthy term of pretrial detention in a facility run the very officers you just assaulted.
And yes, the justice court set the bond at $750,000; however, one Gillmer gets to his preliminary hearing in county court the inclusion of the escape charge is going to result in a no bond situation.
The purpose of bond is to secure the defendant’s presence at trial. The fact that he is charged with attempted escape, belies the effectiveness of bond being sufficient to secure said presence. So I hope Gilmer packed his toothbrush.
Zero chance “Silver spoon” will represent his Dad. Totally incompetent as an attorney in all
aspects of the profession. Sadly, his father knows it also and will hire someone else.
Podcast? Where could one find this trove of wisdom, Matthew? Google or Apple Podcasts revealed no results.
The female jailer will soon be collecting on her civil judgment. Chuck?
It seems no matter how heinous the act, there are commenters here rushing to defend. I wish those people had the mark of the devil on their forehead so the rest of us could recognize and avoid them in everyday life.
Nope. The only ones who need the services of a shrink, here, in this scenario, are the Honorable Mr. Gilmer and his misguided son. I don't know whether alcohol is playing a part in this drama, but something has both of them fucked up.
I'm not a lawyer, but I do know the difference between libel and slander. Does that make me a better "lawyer" than the son with his threats?
The both of them sound like they could use some anger management classes.
Maybe it’s like at the end of a vacation how you wish there was some way you could stay longer.
He must really like it there.
I am a lawyer and I guarantee there is a mental evaluation in the near future. For dad boy son.
I'm going to sue, I'm going to sue, he whimpered. You better go talk to the high sheriff, and beg forgiveness for the old man's ignorance. They probably had him isolated from general pop as a fellow officer of the court, but he flushed that down the drain.
If it follows a logical conclusion to others that have committed the same offense, he will spend a little time with the real hard cases. He can find out how effective those courtroom motions work when he's getting his ass kicked. That's a fact, Jack.
As entertaining as Matt’s comments are, he should be banned from this site after this is over. He’s been reading this blog and commenting anonymously for years. Now that it’s about him and these “made up charges” we are all getting sued. What little B%#%^#.
6:25, I understand defending your dad.
But damn, son, challenging the Internet to meet you at high noon for talking bad about him is just stupid.
If talking bad about allegedly-innocent criminal defendants, especially after they've been found guilty, was actionable defamation, the whole plaintiff's bar would be rich (and I assure you we are not).
Assuming he was, in fact, convicted, I would think you'd be collaterally estopped from even arguing his innocence.
-Anonymous Attorney
I bet Matt really regrets sleeping through all those First Amendment classes. He is going to sue a news site for reporting on actual news and a bunch of people for commenting on how disgusting it is for someone to beat up a law enforcement officer and try to escape from jail. Give me a break. Please sue me so I can counter sue and clean you out.
Hey, Matty G! Let’s hang sometime. I want some of what you’re smoking.
@ 6:25
Lighten up, Francis…
Matthew - you left Tucker off of your list. Shouldn't he be at the top if they are "made up"?
@ 2:09 - Who's Chuck?
I'm assuming Chuck McRae - another deranged local attorney. They have been suing each other for years.
The charges were made up? He is innocent. Ok. Well, this website will report it if the charges or dropped or if you sue the MCSO.
However, your dad WAS arrested and charged with aggravated assault on a LEO and escape. Now, I think we can assume the Sheriff doesn't really care about your dad one way or the other. Just another inmate so I don't think he went out of his way to single out your father. I'm pretty sure they didn't file charges just for the fun of it. I seriously doubt they would file such charges if there was video evidence to back it up. In fact, the Sheriff said the entire alleged assault was on video.
What part of my post do you think you can claims is defamation, libel, or slander? The part about the original charges and the futile appeal is based entirely on the court record and arrest reports. The reporting of the arrest is backed up by the jail records online and a phone interview with the Sheriff. In other words, it was all sourced.
Besides, if you're going to sue me, you probably should email me or notify me first to tell me what the erroneous statements are? Something about giving one an opportunity to retract, that sort of thing.
As for suing the deputies. Well, let see. Let's assume for arguments sake the charges are indeed true. So you are going to sue a woman who suffered multiple contusions on her face, a broken rib, and a broken collarbone? Not to mention the emotional trauma of being beaten so badly. You would sue her? Wow. Do you sue rape victims too?
Don't sue me, Matt. Everything I posted is assumed and believed to be true and none of what I've posted is made with evil intent (malice).
I would defend (in a lay-sense) your dad if I could. But I can't. Unless the charges are fabricated, I don't think he can wiggle out of this mess. In that case, he's responsible for his actions.
If Barry's gunshot violated the law, he's got to answer for it. If he beat a law enforcement officer, he's got answer for it.
I'm not an attorney. I read people on this page saying you are an attorney. If that's true, the extent of your involvement, here, should be being sure Barry has competent representation.
No way that is GM responding in this post! King fish we might have been catfished? He can’t be that dumb?
The Gilmers excel in bullshit lawsuits to waste the fortune Daddy Gilmer was able to accumulate despite his obvious insanity. So I can see a bunch of frivolous defamation lawsuits in their future.
how do you escape while you are inside the jail?
a thug at 77 years old?
what am i missing here?
Tucker charged him with escape? He never left his cell (yet the door was open) and never left the facility.
Barry isn't the only one who needs to be evaluated.
All of you attorneys calling the Gilmers names are making me laugh. Only a few of you scumbags have a morsel of morality and even less of a conscience. No one actually likes you because of your arrogance. Except for many your mom and whoever can benefit from your ill gotten settlements and inflated fees.
What if you leave the cell?
Key phrase is attempts to escape by force or violence
l§ 97-9-49. Escape of prisoners; penalties for convicts in jail and persons under arrest or custody;
Whoever escapes or attempts by force or violence to escape from any jail in which he is confined . . . shall, upon conviction, . . . if the confinement or custody is by virtue of an arrest of or charge for or conviction of a misdemeanor, be punished by imprisonment in the county jail not exceeding one (1) year to commence at the expiration of the sentence which the court has imposed or which may be imposed for the crime for which he is charged.
The alleged Gilmer comments were removed. He sent me an email stating they were not made by him but someone using his name. The comments were removed. Don't debate as such comments won't be approved.
So now we're left to debate whether Kingfish has the inside scoop on whether or not Barry 'left his cell'.
So, here's my thought: If the food gal left the cell door open and he walked out of the cell and was standing there when other gendarmes arrived, that ain't no escape or attempted escape. The law says 'the facility', anyway. He never attempted to leave the facility. The soup is just too good.
The detention officer is my mama. My mama loves everyone and treats every single inmate like any other person. She loved her job and she knew that every inmate in there also had a life, feelings and just wanted to be normal people. She is the best person. She cannot even go to a store without having ptsd of someone beating her. She had never seen this man before the encounter. I have watched her take multiple ibuprofen, muscle relaxers and epson baths. Her scalp is so tender because he grabbed her ponytail and twisted it around his wrist then beat her in the head over and over again. He thew her on the ground, got on top of her threw her into the wall. My mama didn't even scream or anything. The sounds of him beating her caught the other jailers attention. ANY MADISON COUNTY INMATE CAN TELL YOU THAT MY MAMA IS THE BEST JAILER.
Someone made the comment, "what a monster"...I'm here to tell you, you don't know the half of it. I have family history that goes back a long, long way with the Gilmer's. BG has been a tormented soul from a very young age. If you are familiar with why that is, then you likely know the same things I know. That's all I'm going to say, and it's not an excuse for the BG's behavior, it does explain it, however. As far as MG goes, believe me, he's a victim in all this. I promise you, that poor kid NEVER had a chance!
You are all fucking clowns!!! His case was on appeal and they went to arrest. Madison county is run by a bunch of power hungry thugs!!!
If you fucking people had any sense… why didn’t the jail have someone monitoring a man with medical needs??? Why didn’t they serve him breakfast with two guards as protocol says!!!! It has been established by drs… his medication was not provided which caused hallucinations!! Once again, madison… here incompetent people!!
The law suit will be fun to watch!!!
Know both sides. Fucking idiots.
If you are can’t state your name… go be a scared bitch in Madison county
Make your names public…. Goodness!!
Well, the coverage of this story isn't a one and done. When Mr. Gilmer goes to court, if he goes to court, JJ will cover it. When he presents his side, JJ will report it.
There is also nothing stopping his lawyer or family member from providing his side of the story on the record to this website.
These people who hire Cynthia Stewart for an appeal - there are a million lawyers who will do a better job.
"Good Luck" should follow his own advice or STFU and go the hell away!!
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