The News Courier in Athens, Alabama

Local News

August 27, 2013

Moyers may be tried in December

The capital murder trial for Joel Moyers — the Cullman man accused of firing into a truck and killing an Athens man in 2012 — is tentatively set for Dec. 2, according to Limestone County District Attorney Brian Jones.

Jones said Monday the December date came up during the most recent discussions of the case.  Online court records show Moyers’ trial is scheduled for Sept. 9, but that date is wrong, Jones said.

Moyers, 53, is accused of fatally shooting Brandon Hydrick, 26, as he rode in the truck of his brother, Ryan, in the early morning hours of Sept. 29, 2012. The brothers had been at a bonfire and marshmallow roast in southern Limestone County and were heading home when they became lost and had stopped in the area of Fennell Road.

Moyers, who was staying in a mobile home on Fennell Road owned by his mother, told officers the Hydricks’ vehicle looked suspicious, so he got his gun and went to investigate. When the driver failed to stop for Moyers, he told authorities he fired “a warning shot” at the vehicle, which pierced the cab and killed Brandon.

Moyers was first indicted on capital murder in December 2012. However, Moyers’ defense attorney, Dan Totten, later argued the state’s omission of the word “intentional” in the charge made it insufficient to support a conviction. The district attorney amended the charge to include the word “intentional,” and Moyers was indicted on the new charge in June. A Sept. 3 arraignment is scheduled in Limestone County Circuit Court to inform Moyers of his charge.

Circuit Judge James Woodroof Jr. has rejected defense requests to set bail for Moyers.

Typically, those charged with capital murder in Limestone County are denied bail.

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