Monday, January 29, 2024

More Time for Gilmer?

The Madison County Sheriff charged attorney Barry Gilmer with aggravated assault of a law enforcement officer and escape Friday after he allegedly beat a female detention officer.  Gilmer is serving a 12-day jail sentence after he was convicted of disturbing the peace several years ago.  However, Gilmer might stay in jail for awhile because he also has a six-month suspended sentence for discharging a firearm.  

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.Earlier post and copy of police report.

Gilmer managed to drag the case out through the appeal process until the Court of Appeals shut it all down and ordered the Madison County Justice Court to enforce the sentence.  

The attorney went to jail on January 24 and began serving his sentence.  However, things did not remain quiet for long.  Gilmer allegedly attacked a female guard as she served breakfast Friday.  She suffered multiple contusions, a broken collarbone, and a broken rib.  

Deputies charged Gilmer with aggravated assault on a law enforcement officer and escape.  Sheriff Tucker said he left his jail cell, hence the escape charge.  Justice Court Judge Lloyd Spivey set his bond at $750,000 for the aggravated assault charge and $1,000 for the escape charge.  

Judge Spivey convicted Gilmer of discharging a firearm in 2018 and sentenced him to serve six months in jail. However, the Court suspended the sentence.  

The Court could reinstate the suspended sentence and put the defendant in jail for another six months.  It will not be surprising if County Prosecutor Pam Hancock files a motion asking the Court to do just that.  

Stay tuned. 


Anonymous said...

Going to get the popcorn started before sonny shows up.

Anonymous said...

I'm still dumbfounded that he attacked an officer. Jail may be the safest place for him and others while waiting on trial for that attack.

Anonymous said...

77 years old an attorney, in jail and he's beating on the female guard?


Anonymous said...

Note that Miss. Code Ann. § 97-3-7 provides that aggravated assault on a corrections officer can result in a 30-year prison term. Let's try that instead of 6 months.

Steve said...

Appears Mr. Gilder has finally FAFOed.

Anonymous said...

Mr. Gilmer’s true crime is confirming that women aren’t physically qualified to be corrections officers. Imagine being overwhelmed by a 77 year old man! What if instead of being beat to a pulp by a senior citizen, she was gang-raped by a group of younger inmates?

Anonymous said...

This doesn't surprise me from Barry. I would have simply stayed out of trouble. However, if sentenced to 12 days in jail, I would have simply served my 12 days and gone home with a lesson learned. I'm afraid this won't end well for him.

Anonymous said...

Wasn't he involved in the Bob Germany wine case?

Kingfish said...

Yes, they are going to probably present the new charges to the grand jury. Then the whole process starts again. If I'm a betting man, I'm betting he will be indicted.

However, a suspended sentence doesn't have to go through that whole process. Usually the prosecutor files a motion to revoke probation or something similar, the Judge holds a hearing, and the defendant's probation is revoked and he is sent back to prison/jail.

So yeah, Gilmer could theoretically serve 6 more months in jail over the 2018 incident and then have to serve whatever time he gets IF he is indicted and IF he is convicted. Again, those are "IF's."

Anonymous said...

@Kingfish - But I thought baby Gilmer told us there were no capiases ?! lol

Will be soon enough.

Anonymous said...

detention officers are law enforcement officers?

Anonymous said...

What was the “Bob Germany wine deal”?

Anonymous said...

Wouldn't be surprised to learn that he has dementia. Somebody dropped the ball.

Anonymous said...

Three hots and a cot, for free. What more could a lawyer want?

Anonymous said...

Nothing at all new in this thread other that what the high sherf charged him with.

The rest is fluff in order to load the page up with minutia. Kingfish has long had a hard on for multiple posts on the same subject. Slow day down at Jxn City Hall.

Anonymous said...

@7:47 PM Slow day in your parent's basement?

Anonymous said...

@1:55 PM, capias, no. But I counted on a few whupyerass from Junior by now.

Anonymous said...

Germany wine deal:

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