Franklin Co. manslaughter conviction overturned - WAFF-TV: News, Weather and Sports for Huntsville, AL

Franklin Co. manslaughter conviction overturned

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Mills is out on bond awaiting results from the court of appeals. Mills is out on bond awaiting results from the court of appeals.
FRANKLIN COUNTY, AL (WAFF) -

The Alabama Court of Appeals overturned a manslaughter conviction handed down to Jerry Mills in Franklin County.

The court claims the Franklin County judge did not properly instruct the jury about a specific self-defense issue before they went into deliberations.

Mills has since been out on bond awaiting results from the court of appeals.

He is accused of shooting wheelchair bound Robert Presley back in 2010. 

He said he shot Presley in self-defense after he was threatened with a rifle.

The shooting happened at Presley's home in Russellville.

District Attorney Joey Rushing said they have filed a motion with the Attorney General's office asking them to file a motion for reconsideration in the case.

If the AG's office upholds the ruling, Rushing said they will then seek assistance from the state's Supreme Court.

"If that is not successful, then it will move on to the next level, which is requesting that the Alabama Supreme Court to hear the issues they've reversed in the Court of Criminal Appeals level. We've actually had a case before in which the defendant's case was reversed at one level and reaffirmed by the Alabama Supreme Court, and we're hoping this case will be the same way," Rushing said.

If the Court of Appeals ruling is still not reversed, Rushing said he will prepare to have this case re-tried as soon as possible.      

Copyright 2013 WAFF. All rights reserved.

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