Case: 25CO1:16-cr-00226-MVP

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IN THE COUNTY COURT OF HINDS COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI

PLAINTIFF

V.

CAUSE NO. 16-226

KELLEN GULLEY

DEFENDANT

DEFENDANTS RESPONSE TO THE

STATE OF MISSISSIPPIS MOTION FOR REVOCATION OF BOND
COMES NOW THE DEFENDANT, Kellen Gulley, by and through the undersigned
counsel, and files this, his Response to the State of Mississippis Motion for Revocation of Bond.
In support thereof, the Defendant would show unto the Court that the Motion should be denied
for the following reasons.
Lack of Jurisdiction
1.

This Honorable Court is without jurisdiction to hear the States motion. As the

State avers, on March 7, 2016, the Court entered its Order Binding Defendant to Await Action of
the Grand Jury and Setting Bond on charges of aggravated assault and shooting into an occupied
dwelling (collectively the shooting charges), as well as possession of marijuana with intent to
distribute and possession of a schedule V controlled substance with intent to distribute
(collectively the drug charges). Furthermore, on March 10, 2016, Kellen Gulley posted a first
offenders bond1 and was released from jail. As a result, the County Court lost jurisdiction over
this matter both upon binding over to the grand jury and upon Mr. Gulleys release from custody
on bail. If the County Court did not lose jurisdiction at either of those points, it surely did upon
the exertion of jurisdiction over this matter by the Circuit Court.2

As such, the Court should

This bond was properly signed by a circuit court judge. See Exhibit 1 to this Response.
In support of this contention, please note the following on the face of the bond attached as
Exhibit 1: IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI, CIRCUIT
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deny the States Motion on jurisdictional grounds. Should the Court decide to continue forward
and decide whether or not to revoke the Circuit Courts bond, the Defendant would ask the Court
to consider the following arguments against revocation.
The Failure to Indict
2.

The State is asking this Court to do what it knows it cannot do on the case it has,

which is incarcerate Kellen Gulley. This Court should refuse the States request.
3.

The incident that led to Mr. Gulleys arrest occurred on January 25, 2016. Since

that time, the Hinds County Grand Jury has met on 5 separate occasions for a total of 14 days.
Specifically, our Grand Jury has met on the following dates since Mr. Gulleys arrest:
February 23rd 25th
April 5th 7th
May 9th 10th
June 21st 23rd
August 2nd 4th
The Motion to which the Defendant now responds was filed on August 2nd, which happened to
be a day that the Grand Jury was meeting. This begs two questions: Why was the State preparing
a motion to revoke bond when the State could have been presenting the case to the Grand Jury
which was meeting on literally the next floor? And why hasnt the State obtained an indictment
in this case, given that it has had ample opportunity? The answers are simple and the same: the
case against Kellen Gulley is fatally flawed and the State knows it cannot succeed in pursuing it.

COURT CASH BOND, the seal of the Hinds County Circuit Court, as well as the signature of
Hinds County Circuit Court Judge William Gowan. This is the bond the State wants the County
Court to revoke.
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The Shooting Charges

4.

On January 25, 2016, Kellen Gulley was in the driveway of his home at 111

Cardinal Lane in Clinton, Mississippi, when a gold 2005 Nissan Altima arrived. The individuals
inside, two of whom were later identified as Austin Dontrell Williams and Robert James RJ
Lewis, II, exhibited a firearm and pointed it in Gulleys direction. Gulley, exercising his right to
self-defense pursuant to Mississippis Castle Doctrine3, began firing at the Altima, with one of
the bullets ricocheting off of the car and into a nearby home. The Altima sped away, and later
wrecked at 413 Parker Drive.
5.

Meanwhile, Clinton Police Department Dispatch received word of a possible

shooting and car accident in the area of Cardinal Lane and Parker Drive, and sent officers to
respond. One of those officers was Officer Robert Nordan. In his report, Officer Nordan
describes finding a black male subject in the rear of a gold 2005 Nissan Altima appearing as if
he was trying to get something out of the back seat.4 Officer Nordan ordered the man out of the
car, and the man complied. When Officer Nordans fellow officer, Detective Greg Davis, got
close to the car he noticed an unknown amount of marijuana in a medium sized bowl sitting in
the back seat of the vehicle and took control of it.5
6.

Officer Nordan then began interviewing the man in the car, whom he identified as

Austin Dontrell Williams. The following is an excerpt from Officer Nordans report, with
emphasis added by the undersigned:
Officer Nordan then spoke with the subject and identified him by a
valid Mississippi driver's license as Austin Dontrell Williams. Williams told the
3

See Miss. Code Ann. 97-3-15.

See Exhibit 2, Report of Officer Robert Nordan
5
Id.
3
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officer that an unknown black male was driving his vehicle, Williams was a
passenger in the front passenger seat, and an unknown number of black males
were riding in the back seat traveling east on Cardinal Lane when all of a sudden
an unknown number of gun shots were fired at his vehicle. Williams stated that
he then turned on to Parker Drive where the vehicle eventually left the roadway
to the right, striking the curb and coming to rest in the front yard of 413 Parker
Drive. The black male subjects minus Williams all then exited the vehicle and
ran south on Parker Drive. Williams then stated that he felt like he was being
robbed and that an unknown vehicle drove up and threw an unknown amount of
marijuana in his vehicle while it was disabled in the front yard of 413 Parker
Drive.
Officer Nordan observed a live nine millimeter round on the floor board behind
the driver's seat of the vehicle. The officer then asked Williams where the round
came from and he received no response.
Williams, the unlucky marijuana Mardi Gras recipient6, was then arrested for possession of
marijuana in a motor vehicle and taken to jail.
7.

Meanwhile, Officer Gervis Kendrick of the Clinton Police Department was

notified by CPD Dispatch that Jackson Police Department officers had responded to a call
regarding a man with a gunshot wound at the Citgo station at the intersection of Highway 80 and
Shaw Road. The following is from Officer Kendricks report, which is attached hereto as
Exhibit 3. As before, emphasis has been added by the undersigned:
Upon arrival at the Citco gas station, at 1705, Ofc. Kendrick noticed a male
subject later identified as Robert Lewis to be sitting near the front door
entrance of the gas station. Ofc. Kendrick observed Lewis to bleeding from
his right thigh of a gunshot wound. Lewis stated that he had been shot at his
home of 866 Cherry Ridge Dr. by two unknown black males wearing all black.
Lewis stated that the unknown individuals approached him from the back side
area of his home and demanded that he give them everything that he had.
Lewis stated that he gave them his keys, cellphone, and driver's license. Lewis
6

While Clinton has been home to more than its share of exceptional athletes, it is truly a shame
that the world will never know the identity of the mysterious phenom with the ability to throw an
ounce of marijuana from a moving car directly into a medium-sized bowl on the backseat of a
stopped car. One can only hope he will reveal himself in time.
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stated that both unknown males were pointing handguns and one of them fired
a shot into his right leg. Lewis stated that he became afraid and began to run
away from the individuals robbing him. Lewis stated that he ran down the
street and out of the Cherry Park neighborhood until he crossed over into the
grassy field area of the Lake Wood cemetery. Lewis stated that after crossing
over into the cemetery, he started to walk down Clinton Blvd. and attempted
to jog down Shaw Rd. where he began to grow tired. Lewis stated that he
ended up stopping at the Citgo gas station to calm down where he alerted a
female customer that he was shot and in need of medical attention. A few
moments later, AMR arrived on scene and began to transport Lewis to the
UMC hospital.
At 1742, Ofc. Kendrick began to trail the AMR vehicle to the hospital for
additional information from Lewis. At 1742, Ofc. Kendrick arrived at the
UMC hospital where Lewis was being treated. A few moments later,
detectives Monroe and Frazer arrived at the hospital to get further statements
from Lewis where he began to change his story of where he was initially shot.
Lewis eventually stated that he was shot at the scene of Parker Dr. and
Cardinal Lane by two male individuals in a black car. Lewis stated that two of
his friends, Austin and Jeremy, picked him up from his home, but as they
began to travel south on Parker Dr., someone began shooting at them from the
Cardinal Ln area. Lewis stated that after hearing the shots, they all exited the
vehicle and ran. Officer Kendrick stood by with investigators as they
interviewed Lewis. At the conclusion, Kendrick left the hospital and returned
to Clinton.
8.

The interaction between Mr. Lewis and the detectives at the hospital is also

recorded in the report of Detective Wayne Monroe, which is attached as Exhibit 4.

following are excerpts from that report, again with emphasis added by the undersigned:
The victim's mom, Francine Lewis, was at the hospital and she gave me her
address asand her phone number.. She stated that she heard that the shooting
took place where her son Robert Lewis II and his father lives at 866 Cherry
Ridge. She stated that she went by that house and looked around and stated that
no shooting took place there.
He stated that he was working at Grocery Depot on Northside Drive and around
1544 he left on a break to go home and get him something to eat. He said after
eating he went outside and 2 black males came around the side of the house and
asked me what I had. He said both of them had guns and went through his pockets
and got his phone and his keys. He described the first b/m as being in his late
20's, wearing black pants, black short sleeve shirt, a low haircut, no facial hair
5

The

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and had a black semi-automatic handgun. He described the second b/m as being
in his late 20's and older that the first, wearing dark clothing, blue jeans, red
tennis shoes, and had a silver semi-automatic handgun. He said they then shot
him in his right thigh and he stated that he started running and ran south out of
Cherry Park subdivision and crossed Old Vicksburg Road and then jumped the
fence going into Lakewood Cemetery. He then got on Clinton Blvd. and then ran
down Shaw Road. The said he stopped at the service station at Shaw Road and
Hwy 80 where an ambulance was called for him and he was taken to the hospital.
During the interview Sgt. Frazier called Mr. Gaylon Robinson, the manager of
Grocery Depot, and asked him about Mr. Lewis. He told Sgt. Frazier that Mr.
Lewis came to him shortly after he arrived at work and said that he had to leave to
go to hospital due to a medical emergency. We then told him that he was not
telling us the truth and he then began to tell us another story.
He then told us that he was at his house and Austin and Jeremy came to his house
and asked him did he want to go to the store with them to the Exxon station at
Clinton Blvd. and Lakeview. He said he didn't know their last names but they
lived on Cherry Stone. They were riding in Austin's tan or brown, Honda or
Nissan vehicle. He said that Austin was driving the car and he was the front
passenger and Jeremy was in the back seat. He stated that they went west on Old
Vicksburg Road and then took a left (south) on a street by a church. He said they
were traveling down the road and saw a black vehicle on the side of the road and
a guy got out and just started shooting at them. He said that Jeremy and Austin
jumped out of the car and went one way and he jumped out and ran until he got to
the store at Shaw Road and Highway 80. It should be noted that at the time of the
interview we had not heard anything from the crime scene. We told Mr. Lewis that
we did not believe all of his story and thought that he was not telling us the truth
but he said that was what happened.
9.

Clearly, the shooting charges are based upon testimony from wholly unreliable

witnesses, not believed by even the States own witnesses. The State is aware that it will not be
successful on the charges related to the shooting, which explains why they have not presented the
matter to the Grand Jury. That leaves the drug charges, which also have not been presented to
the Grand Jury.
The Drug Charges
10.

The drug charges against Mr. Gulley stem from a search of his home at 111
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Cardinal Lane on January 25, 2016 after he shot at his assailants. This search was ostensibly
performed subsequent to a search warrant signed by Clinton Municipal Court Judge Steven
Nixon. Interestingly, a copy of the search warrant was not left with Mr. Gulleys parents, who
own 111 Cardinal Lane. Instead, the warrant was only shown to them and then taken away. The
Gulleys, however, were able to take a picture of the search warrant with their cell phone. A copy
of that picture is attached hereto as Exhibit 5.
11.

The Fourth Amendment to the United States Constitution and Article III, 23 of

the Mississippi Constitution of 1890 make Mississippians secure in their homes by protecting
them from unreasonable searches and seizures. Article III, 23 is applicable to this and all other
actions before this Court because of its presence in the Mississippi Constitution, and the Fourth
Amendment has been incorporated to the states via the Fourteenth Amendment. See Cook v. City
of Madison, 168 So.3d 930, 935 (Miss. 2015) citing Maryland v. Pringle, 540 U.S. 366, 369
(2003).
12.

The actual text of the Fourth Amendment mandates that search warrants

particularly describ(e) the place to be searched. U.S. Const. amend. IV. This particularity
requirement has been interpreted as meaning that a warrant must describe the place to be
searched with a level of specificity that will erase any reasonable probability that another
premises might be mistakenly searched which is not the one intended to be searched. Steele v.
United States, 267 U.S. 498, 503 (1925).
13.

Art. III, 23 of the Mississippi Constitution has its own particularity

requirement, stating that no warrant shall be issued without probable cause, supported by oath
or affirmation, specially designating the place to be searched. Miss. Const. Art. III, 23
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(1890) (emphasis added).

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Our particularity requirement has been found to expand a

Mississippians right to be secure in his home beyond the substantial protections already
afforded by the Fourth Amendment. Graves v. State, 708 So.2d 858, 861 (1997). In instructing
courts how to evaluate potential violations of Art. III, 23, the Mississippi Supreme Court stated
the protection afforded by Section 23 of our Constitution should be liberally construed in favor
of our citizens and strictly construed against the state. Scott v. State, 266 So.2d 567, 569-70
(Miss. 1972). Under application of either Art. III, 23 or the Fourth Amendment, the search
warrant in this case is invalid.
14.

As the Court can see by examining Exhibit 5, line 1.1 of the warrant says that the

place to be searched is 306 Cardinal Lane7. Problematically for the State, and unquestionably
fatal to the prosecution of Mr. Gulley for the drug charges, the Clinton Police Department did not
search 306 Cardinal Lane. They searched 111 Cardinal Lane. The description of the place to be
searched as a different address altogether is in direct contravention of the particularity
requirement, especially when such a requirement is strictly construed against the State. As a
result, the exclusionary rule would block any attempt to prosecute Mr. Gulley for the drug
charges. The invalidity of the search warrant is no secret to the State, and that is why the drug
charges are not being presented to the Grand Jury for indictment.
The Unconstitutional Situation the State Seeks to Create
15.

Because the drug evidence in this case will be suppressed, and because the

witnesses concerning the shooting charges are not even credible in the eyes of law enforcement,

It should be noted that this is the entire description of the property. Unlike in some other cases
where a faulty address has been held harmless, there is no further description of location or
appearance of the home to be searched.
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the State knows that pursuing this matter to indictment would be a waste of its limited time and
resources. However, after receiving bad press in light of Mr. Gulleys recent arrest (which was
heralded far and wide by a press release from the Clinton Police Department), the Office of the
District Attorney opted to ask this Court to cover for its inability to move forward with the case
by revoking Mr. Gulleys bond pursuant to Article III, 29 of the Mississippi Constitution.
16.

The Court should deny the States request.

Were this Court to revoke Mr.

Gulleys bond, he would be placed in jail to await trial on charges the State clearly cannot
successfully pursue. There he would sit indefinitely, deprived of both bail and the ability to
challenge the charges that hold him there. Such a result is unconscionable and cannot be
allowed.
WHEREFORE, PREMISES CONSIDERED, the Defendant prays that this Honorable
Court deny the States Motion for Revocation of Bond, or for any other relief the Court deems
proper in the premises.
RESPECTFULLY SUBMITTED, this the 8th day of August, 2016.

/s/ J. Matthew Eichelberger

J. MATTHEW EICHELBERGER
ATTORNEY FOR KELLEN GULLEY
OF COUNSEL:
GRAHAM P. CARNER (MSBN 101523)
Graham P, PLLC
771 N. Congress Street
Jackson, MS 39202
T: 601-949-9456
F: 601-354-7854
E: [email protected]
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J. Matthew Eichelberger (MSBN 101060)

THE EICHELBERGER LAW FIRM, PLLC
775 N. Congress Street
Jackson, Mississippi 39202
T: 601.292.7940
F: 601.510.9103
E: [email protected]
W: www.ike-law.com

CERTIFICATE OF SERVICE
I, J. Matthew Eichelberger, Attorney for Kellen Gulley, do hereby certify that I have this
day filed the foregoing Entry of Appearance with the MEC system, which caused a true and
correct copy of the same to be delivered to all counsel of record.
This the 8th day of August, 2016.

/s/ J. Matthew Eichelberger

J. MATTHEW EICHELBERGER

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IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI

CIRCUIT COURT CASH BOND

STATE OF MISSISSIPPI

CAUSE NO. \U' 2.*2-Cp

COUNTY OF HINDS

Kxiowallmenbythesepresents thatI rgH?A ^5&ovn. <?ul|^ .amhereby

and firmly bound

to . the State of Mississippi in the j&nal sum of

4fo.rt/v,Sa/iCl Cud )f<t>5-

doILaa fSSoj.&cSQ .ftp) for the payment of

d myself^ myheirs, executors andadministrators unto the State of Mississippi forever.

The condition of the foregoing obligation is that I stand charged with the crimefs) of

in toe CircuitCourtHinds County, Mississippi, and ifIshall appear before the said Court as instructed i^i- ^i.
and remain there from day to day andterm toterm until discharged by law- this obligation shall be void;
otherwise, it is tt> remain in full force and effect and suffer full forfeiture.

Witness my signature this thejQ day of h\.*tc8\

.200 (fi? .

PRINCIPAL pEFENDANT)

I have checked thecriminal records ofHinds County, and CERTIFYthatthe principal named

above HAS NOTBEEN CONVICTED PREVIOUSLY OF"ANY KBLONY AND HAS NQ

OTHER FELONY CHARGE^ PENDING AND HAS BEEN BOUND OVER TO AWAIT
ACTION BrTm Gf^^

WA&M) HIS&GHT TOA PRELIMINARY

HEARINGCTQNSAi^rCHA^GEAND THAT SAlt) PRINCIPAL IS ARESIDENT OF

THE STATE CXF MISSISSIPPI^ Als^ISNOT CI-IARGED WITH MORE THAN ONE
VIOIATIONO^THE'CO^

ATTORNEY'S NAME PRINTED)

ATTORNEY'S ADDRESS

MTOR^
ytgfcZ.

ATTORNEY'S TELEPHONE NO.

Ten percent of the amount above and foregoing bond has been deposited with me.

ZACK WALLACE, CIRC

The foregoing bond was filed andapproved this the IC^- day of /M C^\ gj^rfi**S2fss?Saes

f/OULln^,
CIRCUITJUDGE

V&

. 20IL.

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Clinton Police Department

Page 1 of 1

16 - 00001805

Narrative
On MondayJanuary 25th, 2016 at approximately 1616 hours Officer Nordan
and other officers responded to the area of Cardinal Laneand Parker Drive in regards to a possible
drive by shooting that occurred at 111 Cardinal Lane. When the officer arrived on scene he
observed a black male subject with dread locks in the back seat of a gold 2005 Nissan Altima
appealing as if he was trying to get something out of the back seat. Officer Nordan approached
the vehicle and directed the individual out of the back seat and towards the rear of the vehicle.

As the subject was walking towards the rear of the vehicle Detective Greg Davis noticed an unknown

amount ofmarijuana in a medium sized bowl sitting in the back seat ofthe vehicle. Detective
Davis then took possession of the marijuana.

Officer Nordan then spoke with the subject and identified him by a valid

Mississippi driver's license as Austin Dontrell Williams. Williams told the officer that an
unknown black male was driving his vehicle, Williams was a passenger in the front passenger seat,
and an unknown number of black males were riding in the back seat traveling east on Cardinal Lane
when all of a sudden an unknown number ofgun shots were firedat his vehicle. Williams stated
that he then turned on to Parker Drive where the vehicle eventually left the roadway to the right,
striking the curb and coming to rest in the front yard of 413 Parker Drive.. The black male
subjects minus Williams all then exited the vehicle and ran south on Parker Drive. Williams then
stated that he felt like he was being robbed and that an unknown vehicle drove up and threw an
unknown amount of marijuana in his vehicle while it was disabled in the front yard of 413 Parker
Drive..

Officer Nordan observed a live nine millimeter round on the floor board behind the
driver's seat of the vehicle. The officer then asked Williams where the round came from and he

received no response.

Williams was then placed under arrest and charged with possession of

marijuana in a motor vehicle (41-29-139.) He was explained his rights perMiranda byOfficer Keith

Hollingshead and transported to the Clinton cityjail by Officer William Vaughn where he was booked
and charged.
Officer Nordan spoke with witness Jimmie Evans at the scene where the Nissan Altima
was located. Evans, who lives at 110 Downing Street (across the street from 111 Cardinal Lane)
stated he witnessed the incident that took place at 111 Cardinal Lane. Evans stated that he was at
his residence at 110 Downing Street when he heard gun shots. He stated that he turned around and
saw a black male shooting at what appeared to be a grey four door car and that the black male shot
approximately nine shots. Evans wrote a voluntary witness statement explaining in detail what he
saw. [End of Report]

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On 1/25/16at 1616 hours a shooting occurredon CardinalLane. I Det. WayneMonroe was

instructedto go to UMMC where the complainant,RobertJames Lewis II, was being treated. I was
met at the hospital by Off. Gervis Kendrick,who told me the victim was getting X-rays at this time~
The victim'smom, FrancineLewis, was at the hospitaland she gave me her address as
and her phone number
2. She stated that she heard that the
shootingtook place where her son Robert Lewis II and his father lives at 866 Cherry Ridge. She
stated that she went by that house and looked around and stated that no shooting took place there.
We were then allowed into the room to talk to Mr. Lewis. We observedthat Mr. Lewis had a gun shot
woundto his right thigh and the bullet traveledthroughone side and exited the other. It should
be noted that Sgt. Josh Frazier came into the room shortly after we started talking to him. He
stated that he was workingat GroceryDepot on NorthsideDrive and around 1544 he left on a break to
go home and get him somethingto eat. He said after eating he went outside and 2 black males came
around the side of the house and asked me what I had. He said both of them had guns and went
throughhis pockets and got his phone and his keys. He describedthe first b/m as being in his
late 20's, wearingblack pants, black short sleeve shirt, a low haircut,no facial hair and had a
black semi-automatichandgun. He describedthe second b/m as being in his late 20's and older that
the first, wearingdark clothing,bluejeans1 red tennisshoes, and had a silver semi-automatic
handgun. He said they then shot.him in nis right thigh and he stated that he started running and
ran south out of CherryPark subdivisionand crossea Old VicksburgRoad and thenjumped the fence
going into LakewoodCemetery. He then got on ClintonBlvd. and then ran down Shaw Road. The said
he stoppedat the servicestation at Shaw Road and Hwy 80 where an ambulancewas called for him
. and he was taken to the hospital.
During the interviewSgt. Frazier called Mr. Gay/onRobinson,the managerof GroceryDepot, and
asked him about Mr. Lewis. He told Sgt. Frazier that Mr. Lewis came to him shortly after he
arrived at work and said that he had to leave to go to hospitaldue to a medical emergency. We
then told him that he was not telling us the truth and he then began to tell us anotherstory.
He then told us that he was at his house and Austin and Jeremy came to his house and asked him did
he want to go to the store with them to the Exxonstation at ClintonBlvd. and Lakeview. He said
he didn't know their last names but they lived on CherryStone. They were riding in Austin's tan
or brown, Honda or Nissan vehicle. He said that Austin was driving the car and he was the front

passengerand Jeremy was in the back seat. He stated that they went west on Old VicksburgRoad and
then took a left(south)on a street by a church. He said they were travelingdown the road and saw
a black vehicleon the side of the road and a guy got out andjust started shooting at them. He
said that Jeremy and Austinjumped out of the car and went one way and hejumped out and ran until
he got to the store at Shaw Road and Highway80. It should be noted that at the time of the
interviewwe had not heard anythingfrom the crime scene. We told Mr. Lewis that we did not
believe all of his story and thought that he was not telling us the truth but he said that was what
happened. Uponleaving the room Robert'sclothing was taken as evidence.
I along with Sgt. Frazier left and went to the crime scene. We then found out that the shooting
occurredat 111 CardinalLane and that they had arresteda Kellen Gulley for the shooting and also
for having a large amount of Marijuanaat his house along with a rifle and a 9mm Ruger pistol.
Therewere shell casings found in the drivewayand yard at 111 CardinalLane. Austin's 2005 Nissan
Altima had multiplegunshot holes to the driver'sside of the vehicleand front glass and top of
car. Found in the car was a bag of Marijuana. In the drivewayof 111 CardinalLane was the left
front door mirror from Austin's NissanAltima. It was learnedfrom witnessesthat Gulley was
shootingat the car and upon subjectsgetting out of Austin's car one of them had a gun. It was
also learned that one of the projectilesfired hit the house across the street and traveled through
the house causingdamageinside the house across the street from 111 CardinalLane. There was no
one home at the time of the shootingbut did arrive whilepolice were still there. The owners name
is
.
It also learned that a Austin Dontre/1Williamswas arrestedat the scene from having marijuanain
his NissanAltima. DetectivesWarrenSullivanand Greg Davis talked with him. It was learned from
that interviewthat Mr. Lewis was driving Mr. Williams'car when the shootinghappenedand he said
they were at 111 CardinalLane.
On 1/26/16I went to the GroceryDepot an~ talked with Mr. Gay/onRobinsonand asked him would he
write a statementfor me and tell me exactly what Mr. Lewissaid to him and what time he got to work
and what time he left. Mr. Robinson'sphone numberis
0and he lives at
. He said that he would and told him that I would come back later and pick it up.
I then went to the service station a Shaw Road and Highway80 and talked to the managerand asked

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IN THE COUNTY COURT OF THE FIRST JUDICIAL DISTRICT

OF HINDS COUNTY, MISSISSIPPI
STATE OF MISSISSIPPI
VS.

CAUSE NUMBER

16-226

KELLEN GULLEY

MOTION FOR REVOCATION OF BOND

COMES NOW the State of Mississippi, by and through the District Attorney in and for the
Seventh Circuit Court District thereof, and moves the Court for an Order Revoking the Bond of the
above-named Defendant in the above-styled and numbered cause and in support of said Motion
would show the following, to-wit:
1. On or about January 27, 2016, Defendant Kellen Gulley was arrested by the Clinton Police
Department and charged with Aggravated Assault, Shooting into an Occupied Dwelling, Possession
of Marijuana with intent to distribute as well as another drug offense. Thereafter, he transferred his
case to the County Court of Hinds County. He waived his Preliminary Hearing and bonded out on
those charges on March 10, 2016. His charges were bound over to the Hinds County Grand Jury
awaiting further action. See Exhibit A (Court Order) and Exhibit B (Jail Release Report).
2. While out on bond, he was arrested on or about July 30, 2016 by the Clinton Police Department
(CPD case number 16-16831) and charged with Possession of a felony amount of Marijuana with
the intent to distribute, enhanced by possession of a firearm; Possession of a Schedule II narcotic
(cocaine) with the intent to distribute, enhanced by possession of a firearm; Possession of a Schedule
V narcotic (Promethazine); Possession of Paraphrenalia (digital scales) and disobeying a Police
Officer. The next day, on July 31, 2016, he bonded out on all charges through the Clinton Municipal
Court posting a total bond amount of Twenty Six Thousand Six Hundred and Ninety Eight Dollars

Case: 25CO1:16-cr-00226-MVP

Document #: 2

Filed: 08/02/2016

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($26,698.00) and was released from jail. By posting bond, he foregave his right to a preliminary
hearing and the felony charges are bound over to the Hinds County Grand Jury awaiting action. See
UCCCR 6.05.
3. The felony charges that arose from his January 27, 2016 arrest are punishable by a term of
imprisonment of more than one (1) year in a penitentiary or other state correctional facility. The
Aggravated Assault, by itself, is punishable by up to Twenty (20) years in the custody of the MDOC.
See MCA 97-3-7(2)(a). As such, the first requirement of Article 3, Section 29 of the Mississippi
Constitution has been met as the offense to which he bonded out on carries more than the one (1)
year term. See Article 3, 29 (2).
4. That while out on bail on the aforesaid charges, on July 30, 2016, this defendant committed, inter
alia, the felony offense of Possession of a Schedule II narcotic (cocaine) with the intent to distribute.
This crime carries a penalty of Eight (8) years in the custody of the MDOC. Because the charge
includes an enhancement that the Defendant was also in possession of a firearm, the potential
penalty doubles to Sixteen (16) years. Moreover, the Marijuana charges would add an additional
penalty of Ten (10) years. Needless to say, the second requirement of Article 3, Section 29 (2)(a)
of the Mississippi Constitution has been met as the offenses to which he has been bound over on
carry more than a five (5) year term. See Article 3, 29 (2).
5. That the State of Mississippi feels that justice can only be served by said Defendant's bond in
16-226 being revoked pursuant to Article 3, Section 29, Mississippi Constitution, and that the
defendant should be held in custody pending trial on that charge.

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Respectfully submitted,
/s/ Randy Harris
Assistant District Attorney

CERTIFICATE OF SERVICE
I, Randy Harris, do hereby certify that I have this day filed this pursuant to the MEC and
a true copy of this Motion For Revocation of Bond has been delivered to Hon. Graham P. Carner
through the MEC and other means.
This is August 2, 2016.

/s/ Randy Harris

Case: 25CO1:16-cr-00226-MVP

Document #: 2-1

Filed: 08/02/2016

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