Friday, February 2, 2024

Video Shows Lawyer's Beating of Guard

Madison County Detention Center security cameras recorded Barry Gilmer's (alleged) beating of a female detention officer last Friday.  Madison County Sheriff Randy Tucker would not release the video as the case is still under investigation but allowed this correspondent to watch the 20-second video and take notes. The video shows most of the attack, blow by blow, as the honorable esquire (allegedly) beat the female guard, breaking several of her bones. 

The alleged assault took place in the medical unit of the detention center.  

The video shows the guard pushing a food cart from cell to cell, delivering breakfast to the inmates.  She picks up a tray and walks to Gilmer's cell.  A nook obstructs the view of the door.  A few seconds pass before Gilmer and the guard burst into view.  

Gilmer had a tight grip on the guard's ponytail as he shoved her against the wall opposite the cell door (probably 6-10 feet away from the door) by pulling her hair towards the wall.  Instead of shoving her against the wall with his right hand, he punched her, landing four vicious uppercuts as guards raced to protect the woman.  As they tried to pull him off their comrade,  Gilmer shoved her to the ground, falling on top of her.  

The guards managed to pull Gilmer off of the victim and throw him back into his cell.  A deputy said he hit her with several more punches in the area not covered by the camera.  When the guard stood up, it was clear she was unable to raise her right arm.  

The guard suffered a broken rib, broken collarbone, and multiple contusions to her face.  She is recovering from her injuries but Sheriff Tucker said she wants to return to work when able.  

The incident lasted no more than 20 seconds but probably changed forever what remains of Barry Gilmer's life.  

Justice Court Judge Lloyd Spivey held Gilmer's initial appearance only a few hours after the attack. The Court set Gilmer's bond at $750,000 for aggravated assault on a law enforcement officer and $1,000 for attempted escape.  Gilmer shoved his way out of the cell and was probably ten feet away from the cell when apprehended.  Hence the charge of attempted escape.  

A six-month suspended sentence for discharging a firearm still hangs over Gilimer's head.  It is a safe bet the Sheriff will try to get that sentence reinstated.  Sheriff Tucker said the case transferred to the District Attorney so it can be presented to the grand jury.   Earlier post on incident.

Gilmer still resides in the Madison County jail, nine days after he entered the facility.  

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...

An 80 year old man can get the best of a female prison guard half his age, but yeah we definitely need men playing on women sports teams.

Anonymous said...

Need to check him for dementia, doesn’t sound like he is playing with a full deck.

Anonymous said...

@9:40 I hate Barry and his progeny and everything they stand for BUT.... I think in a cage match Barry would destroy Mardis and probably anybody else over the age of 50.

Anonymous said...

He can sit in that jail cell. He brutally attacked someone, male or female, doesn't matter to me. Hope she fully recovers.

Anonymous said...

Tucker must employ some incompetent, lazy or fat jailers if four other guards attempted to pull an 80 year old man off a woman and the 80 year old man was able to elude them all only to be captured ten feet outside his cell. (allegedly, of course).

If they were armed, it's a damned wonder Gilmer didn't manage to obtain a firearm.

I'm suddenly reminded of the incident at that jail parking lot about five years ago when a suspect managed to commandeer a squad car (engine running) and elude the law all through the streets of Canton.

As Andy might say....DAYUM BARN!

Kingfish said...

Two guards

Anonymous said...

I’m sure he had crazy man’s adrenaline pumping his aggression. By the same token, he picked the “right one” to attack, a lady who was likely not physically able to match him even at his age. I used to work out with an ex-army gal who was a lean, fit 6’-2” and would have beat his old butt to sleep if he tried it with her.

Anonymous said...

Just looking at the sunny side of this. What a great civil case she has! I mean she could have been beaten by a penniless garden variety meth-head. The other sharks wont hesitate to cannibalize Mister Badass haha!

Anonymous said...

The guy is 6'1, 200 pounds. I don't understand why some people assume he's physically feeble because of of his age.

Anonymous said...

Havent seen Barry for many years but something is not right. He was always eccentric but this way beyond that.

Anonymous said...

to the goofball at dont know much about being 77 years old , do you?



Anonymous said...

id love to be on that jury

Anonymous said...

Y’all think Todd Mardis is a tough guy? Barry Gilmer would make Todd cry for his mommy. Barry is mean. Todd is just tall, that’s all.

Anonymous said...

To 1:47
I'm 77 years old, and pretty sure I could take you down in a surprise attack.

Anonymous said...

Getting my popcorn ready to watch how the justice system handles this.

Anonymous said...

Lot's of people have been killed and maimed for life as a result of physical altercations just like this. The sad part is in most instances the resulting charges are simple assault which is a speeding ticket.

I wish our laws provided stiffer penalties for fighting. Typically, it is the precursor to billions in injuries and deaths.

Doghaus said...

Solid 20, no parole

Anonymous said...

1:47, No, I don’t. But I know something about what it takes to give and receive a physical beat down, and this guy dished one out for sure. So he ain’t what I’d call feeble.


Anonymous said...

@1:47pm Yep. Mean and gritty beats strong every time, regardless of age. And never gamble on picking a fight with any white guy over fifty... he's got so much pent up rage he's just wanting a reason to unleash a blind, violent fury on someone. Plus, former boxers, wrestlers, or guys with some MMA or good military training can easily take out guys three times their size.

Besides, today's youth (men and women under 40) are incredibly soft and many never participated in anything competitive whatsoever to even get their heartbeats up, so there's that.

Mr. Gilmer however, truly is: done. His son has probably learned by now to keep his mouth shut.

Anonymous said...

If he has dimentia, that might explain his violent outburst. What does this situation call for? A criminal sanction or medical treatment?

Here’s the problem. Mental problems frequently cause unlawful conduct. You can’t just excuse it.

Tough situation.

Anonymous said...

If he has dimentia, that might explain his violent outburst. What does this situation call for? A criminal sanction or medical treatment?

Here’s the problem. Mental problems frequently cause unlawful conduct. You can’t just excuse it.

Tough situation.

Anonymous said...

obviously he did not like what she was serving for breakfast.

Anonymous said...

Barry has always been slicker than owl-shit. He knows the only way out of this mess is the insanity (dementia) route. Look for him to be raking that tin cup along the bars today if he's not already doing that.

And it wouldn't hurt to claim Elvis was in his cell at midnight twice this week.

Anonymous said...

@8:32a. More than likely a UTI caused this behavior. Sudden changes as such is usually the first indication.

Anonymous said...

Given the zillion years he has been an alcoholic and the amounts he was drinking, how can he not have brain damage? Even so, I don't know what can be done with him other than sticking him in a padded room and providing food through a slot in the wall whether that room is in a prison, a psych ward, or a facility built with Barry's money to care for only him. That's what happens when you've been mean to every human you've ever encountered.

Anonymous said...


"Here’s the problem. Mental problems frequently cause unlawful conduct. You can’t just excuse it."

That is an egregiously false statement. The mentally ill are for more often VICTIMS of violent, unlawful behavior than demonstrate it. Nice try counselor, but no dice with his jury.

Mr. Gilmer knew exactly what he was doing...his rage was because he just couldn't believe the circumstances he found himself in. His believing "You don't understand, I don't belong in here, not me" has gotten many an incarcerated white guy more years or dead in the Graybar Hotel.

Anonymous said...

@ 8:33 - If you're going to hold yourself out as some sort of mental health expert, opining about treatment, outbursts and conduct, don't you think you ought to be at least able to spell dementia?

Anonymous said...

So far, all the posts focus on Gilmer, his state of mind, his age and what should happen to him as a result of his behavior.

Seems the high sheriff is getting a pass for having such a lax procedure in place as to have an unarmed employee beaten by an inmate in the confines of a cell.

Since when does a jail employee have to actually enter a cell to hand a food tray to an inmate?

If the sheriff actually had had a procedure in place, this discussion thread would not even be necessary.

Anonymous said...

Sorry, but an inmate going nuts isn't something I'm blaming on the sheriff.

Kind of like blaming a store when a mugger hits their parking lot.

Blame falls squarely on the person who commits the crime.

Kingfish said...

He was being held in the medical unit. There were two guards nearby.

Just curious, do you blame rape victims too?

Anonymous said...

I don't blame rape victims; however, they're typically not found in prison settings, now are they?

Any trained law enforcement officer, especially those in command, knows damned well that any prisoner can and will at any moment attempt to escape and or harm others in order to gain freedom or simply display his pent-up anger.

Being 'held in a medical unit' grants him no special immunity from attempting escape or whipping somebody's ass.

It's understood that Kingfish has to take up for the Sheriff and his lax policies. If he doesn't do that, the sheriff cuts off his privileges.

Anonymous said...

Let's assume, for the moment, that this female jailer had met her demise at the hands of the prisoner.

How long would it take the family to sue the sheriff for lack of control? I'd say about one day.

Anonymous said...

Yoiu're blaming anyone EXCEPT the person who committed the crime. And quit trying to piss on Kingfish. If you don't like the blog, go somewhere else.

Anonymous said...

Obviously, the lawyer who beat the woman is to blame and will pay for it. The sheriff is complicit regarding security and safety policies. No way to get around it. If Kingfish is doing the sheriff's bidding, that's his problem. All readers will see it.

Kingfish should not be immune from criticism when readers think he is wrong. If you don't like that, 8:55, fuck-off.

Kingfish said...

And your proof is?

At this stage, the coverage usually appears favorable to the prosecution. Someone is arrested, the charges are filed, and everyone looks guilty.

Then as the process plays out, the defense/suspect gets to present their side and things start evening out. When Gilmer makes his case, JJ will report it.

You sound just like the Steadiest folks, the Fraziers, and other stories I have covered. Then in the end, it all washes out.

Anonymous said...

Who are you addressing two days ago at 9:32. What proof are you asking for? Proof of what. The post seems unhinged and unrelated. Please advise.

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