Alabama Church Pastor Wounded in Gas Station Gunfight in Southwest Birmingham

Posted on September 2, 2009 by Steven Eversole

Over the years, I have defended numerous clients in criminal court against a wide variety of charges. A recent news article pointed out the difficulties that a defendant can run into if charged with a serious offense involving the wounding of an innocent bystander during a gun fight. As an experienced Birmingham criminal defense lawyer, I know what influences a jury for or against a defendant. The incident that occurred at the corner of Lomb and Cotton avenues in southwest Birmingham is one such example.

According to police and other reports, gunfire was exchanged between two men inside the convenience store of a local Shell gas station. The incident reportedly was precipitated by an argument between the two, which took place around 9:45 a.m. on Thursday, August 20. During the exchange, in which 20 shots were fired, another customer in the store was slightly wounded.

That man, a 54-year-old assistant pastor at a Birmingham church, was reportedly grazed in the left shoulder by one of the bullets during the gunfight. The man refused medical treatment and said he would take himself to a local hospital. A statement taken from the wounded man at the scene indicated that the two gunmen were shooting indiscriminately at each other with little regard to anyone else in the immediate area. Fortunately, no one else was killed or injured during the incident.

The shootout ended as one of the gunmen ran outside, escaping before police arrived. The other gunman who remained inside was taken into custody by police officers. The facts were sparse in the news reports, but I have aggressively defended numerous clients involved in similar situations. Depending on who instigated the gunfight, there may have been good reason for the other man to defend himself; though the wounding of an innocent bystander, a clergyman at that, will most likely complicate that defendant’s case.

It is every person’s right under the law to have his of her case heard in a court of law. As an Alabama criminal defense attorney, I believe everyone is innocent until proven guilty regardless of public opinion or appearance of guilt based on the so-called facts disseminated through the media. And while criminal trials do not always result in the best outcome for some defendants, in my experience it is usually recommended that individuals pursue the criminal appeals process when the outcome of the original trial has been less than satisfactory.


Bystander wounded, one arrested in shootout at southwest Birmingham gas station, AL.com, August 20, 2009
 

Tags: , , , , , , , ,

Montgomery, AL, Neighborhood Argument Results in Shooting of Teenager

Posted on August 5, 2009 by Steven Eversole

As an Alabama criminal lawyer practicing in Birmingham, I have represented numerous clients accused of various crimes, including assault, manslaughter, theft, criminal sexual behavior, and drug possession and sales. Many of these people believed themselves to be innocent of the charges, but the authorities and the prosecution could not accept their explanation. Since there are always two sides to every story, I have dedicated myself to the aggressive defense of people like the Montgomery, AL, woman who recently was arrested for first degree assault with a hand gun.

It apparently all started in the early evening as a dispute between some neighbors regarding a parking situation at one of the houses on Courtland Street in Montgomery. According to police reports, a 51-year-old woman was looking to back her car out of a shared driveway, but found that her car was blocked in by another vehicle. News reports say that as the argument escalated, Annie Mae Smith allegedly pulled out a gun and began to wave it in the air. Sadly, during her display, a 16-year-old who was also involved in the dispute was accidentally shot, however not fatally.

When police arrived, the boy’s mother told the officers that her son had stepped between the two women when the gun went off. Smith claimed that the gun discharged as she was raising it into the air and that she had no intention to shoot the boy. The teenager was apparently hit in the back of the neck -- X-rays showed that the bullet exited through the left side of his jaw. He lost three teeth and may require surgery to repair his jaw, but fortunately he was not killed.

This is a perfect example of how a simple argument can ratchet up to an explosive point. While Smith says that she only meant to fire the gun into the air, Montgomery police charged her with 1st degree assault. She posted bond the very next day.

Smith’s neighbors say that the woman isn't the kind of person who would shoot someone. In fact, a number of them told reporters that Smith is a wonderful person who goes to work everyday and minds her own business. The other side of the story is bound to come out in court. Already there is some discussion that the woman may have felt cornered and physically in danger, which may explain her actions -- all the more reason to choose a qualified and experienced criminal lawyer for a case such as this.

 

Driveway dispute turns violent, WSFA.com, July 17, 2009

Tags: , , , , , , , , ,