The News Courier in Athens, Alabama

Local News

June 19, 2013

Error in fatal shooting case prompts attorney to seek bail for Moyers

— A Limestone County judge has been asked to let accused murderer Joel Moyers post bail following an error by the district attorney’s office that prompted a judge to dismiss a capital murder charge.

Moyers is accused of firing his rifle into a pickup truck on Fennell Road on Sept. 29, 2012, and killing passenger Brandon Hydrick.

Moyers was charged with reckless murder immediately after the shooting, then formally charged Dec. 7, 2012, on a four-count indictment last year. Count one of that indictment alleged capital murder, while count two alleged reckless murder. (Jurors will have to either acquit Moyers or find him guilty of either capital murder or reckless murder, not both.)

Dismissed, recharged

Late Tuesday afternoon, Circuit Judge James Woodroof Jr. dismissed the capital murder charge against Moyers because the state, through District Attorney Brian Jones, failed to use the word “intentional” in the capital murder charge.

Woodroof wrote in his order: “The indictment changes the defendant with shooting into an occupied vehicle and killing the vehicle occupant. It is insufficient under the law to charge a capital offense by simply alleging reckless shooting into a motor vehicle and killing the occupant.”

Woodroof also set bail at $100,000 on count two of the indictment, reckless murder, meaning Moyers could now post bail and be released from the Limestone County Jail.

Though Moyers tried Tuesday, he never got out of jail. Defense attorneys Dan Totten and Lucas Beaty were back in court Wednesday morning asking the court to set bail for their client. When asked why Moyers could not get out of jail Tuesday night, Totten said the question was a good one for Sheriff Mike Blakely.

Blakely said the Sheriff’s Department received a faxed copy of Woodroof’s order dismissing count one and setting bond on count two.

“But, before a bail bondsman could get to the jail, the district attorney placed a temporary hold on Moyers, and had an investigator get a warrant down there (in order to recharge Moyers with capital murder using the right language),” Blakely said.

Text Only
Local News
Photos


Poll

Which foreign crisis is the biggest threat to the security of the United States?

Russia-Ukraine
Israel-Palestine
Iraq
None of the above
     View Results
Facebook
AP Video
Renewed Violence Taking Toll on Gaza Residents 2 Americans Detained in North Korea Seek Help US Employers Add 209K Jobs, Rate 6.2 Pct House GOP Optimistic About New Border Bill Gaza Truce Unravels; Israel, Hamas Trade Blame Raw: Tunisia Closes Borders With Libya Four Rescued From Crashed Plane Couple Channel Grief Into Soldiers' Retreat WWI Aviation Still Alive at Aerodrome in NY Raw: Rescuers at Taiwan Explosion Scene Raw: Woman Who Faced Death Over Faith in N.H. Clinton Before 9-11: Could Have Killed Bin Laden Netanyahu Vows to Destroy Hamas Tunnels Obama Slams Republicans Over Lawsuit House Leaders Trade Blame for Inaction
Twitter Updates
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Stocks
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Business Marquee