Thursday, February 22, 2024

Gilmer Medically Released from Jail

Attorney Barry Gilmer is a free man. 

Madison County Justice Court Judge Lloyd Spivey released Gilmer from jail on his own recognizance after holding an emergency hearing this morning.  The wheelchair-bound defendant participated via video conference from the Madison County jail.  

County Prosecutor Pamela Hancock told the Court that Sheriff Randy Tucker wanted to medically release Gilmer from jail.  Gilmer was serving a jail sentence when he allegedly attacked a female guard on January 26.   The guard suffered a broken rib, broken collarbone, and multiple facial contusions.  

The 77 year-old attorney was charged with aggravated assault on a law enforcement officer and attempted escape.  Judge Spivey set his bond at $751,000.  

The hearing lasted less than five minutes.  Judge Spivey asked Gilmer if he understood the proceedings.  The defendant replied in the affirmative.  The Court acceded to the Sheriff's request and medically released Gilmer.  

Synopsis of Case

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. 

However, being the crackerjack lawyer that he is, Gilmer appealed to Madison County Court where the real courtroom fun began.  Gilmer is a very capable attorney and used the court system to his advantage for quite some time: 

  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. 


Anonymous said...

The sumbitch is on medicare. What's the problem with keeping his ass where it belongs?

Anonymous said...

Surprised and disappointed in Sheriff Randy Tucker. Aggravated assault on a law enforcement officer and goes home. Wow.

Anonymous said...

Put him out there in public, maybe he can successfully kill someone next time, and from what I have heard of him, that will be soon.

Anonymous said...

Attn. 1:52 What did Sheriff Tucker have to do with this? The judge ordered him released. But don’t worry, he will be back. I just hope he doesn’t hurt someone again the next time.

Kingfish said...

He is probably too infirm to cause any problems.

Anonymous said...

How did he go from whooping up a guard to wheelchair bound in a few weeks?

Anonymous said...

There is nothing wrong with him. He was able bodied enough to beat the brakes off a jailer 3 weeks ago. He is a well versed scumbag lawyer who played the game and knew exactly what to do to get released.

Anonymous said...

How did he go from strong enough to almost kill somebody to so unhealthy they sent him home?

Anonymous said...

County didn’t want to cover medical expenses…

Anonymous said...

Attn 2:10

Can you not read?

The first line of the second paragraph clearly said that the County Prosecutor told the Court that SHERIFF RANDY TUCKER wanted to medically release Gilmer from jail.

Anonymous said...

And the county is on the hook for his medical bills as long as he is in jail.

Anonymous said...

And you know nothing about medicare if you think it will cover everything.

Anonymous said...

When Gilmer gets home, he will be miraculously cured of his ailments. I guarantee he will be outside his Catlett Road home tinkering on that damn dump truck very soon. I will drive through the pasture, stop and ask him about his legal issues, and he will talk about that damn judge, and that deputy, and tell me how it was somebody else's fault. Barry is going to be Barry as long as they let him.

Anonymous said...

The tried and true "wheelchair dodge" works every time.

Anonymous said...

I usually show up in court in a neck brace and arm in a cast and my hair messed up, But that’s just me bein’ me. This guy is good. I need to try that next time. I’m tired of sleeping on a cot and eating sammiches.

Anonymous said...

Damn. Thought I read in the news -- well, actually on this blog -- that the SOB wouldn't ever see the outside of a prison cell. That was only a couple of weeks ago. Guess one can't believe what they hear and read nowdays.

Anonymous said...

Waiting on the spawn of Gilmer to show up here and make an ass of himself again and then claim it wasn’t him. Popcorn ready.

Anonymous said...

I am not a lawyer, but can the next person he victimizes sue the judge who released him?

Anonymous said...

Could be that he “accidentally” fell in their custody and that detaining him pending trial could be a continuing liability. I doubt the LEOs and detainment officers coddle him.

Anonymous said...

Add this to the list of legal problems the High Sheriff of Madison County is facing. There’s a culture problem at MCSO and it’s coming home to roost soon enough.

Anonymous said...

Drug test the sheriff!

Anonymous said...

This is some major BS! Every day I lose more faith in our justice system.

Anonymous said...

This is just disgusting.

I left Jackson in 2002 because the elected leaders, police, and judicial system no longer shared anything in common with my ideals and goals for the community.

I guess its time to admit Rankin Co is heading that way too. And so far the American presidency too.

Liberal ideology is utterly revolting, but I barely relate to most Conservatives anymore.

Anonymous said...

Chill 11:27. The sheriff, jail and prisoner involved in this scenario are all in Madison County. But, you're right about Niknar. Madison is just playing catch-up.

Anonymous said...

So, this Gilmer fellow is using the Joe Biden defense, he's too old and frail to prosecute?

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