Murder case slated for trial
The 2011 case of Jason Dewayne Green, who was charged with murder in the shooting death of girlfriend Shay Nicole Ledlow in January 2011, might be headed to trial soon after Green’s successful Rule 32 petition.
Green, who pleaded guilty to the reduced charge of manslaughter as part of a settlement in February 2015 and was sentenced to 19 years, recently appealed on the basis of ineffective counsel, according to the Franklin County District Attorney’s office. With his Rule 32 petition, Green sought to have his conviction set aside to instead proceed with a trial.
District attorney Joey Rushing said Green claims he was given counsel by his attorney that, as part of his plea bargain, he would be eligible for “good time” – credit for multiple days per day served in prison. Green claimed defense attorney Billy Underwood had assured him he would spend a maximum eight years in prison.
Because Green was sentenced to 19 years, he was not, however, eligible for good time.
Rushing said Judge Terry Dempsey granted the Rule 32 petition, taking taped recordings of conversations between Green and Underwood from that time, as well as new testimony, under advisement. Dempsey’s order will go before the Court of Criminal Appeals for approval, at which time Green’s case will be reinstated to the trial docket, Rushing explained.
“Obviously it will be a priority case … to try to get to trial as soon as we can,” said Rushing, as more than six years have now passed since the crime. And with Green’s plea settlement set aside, Rushing said the charges will revert from manslaughter back to murder. “The original charge was murder, and we fully expect … the original charge before the plea will be reinstated.”
Rushing said although the state had the ability to appeal the granting of the Rule 32 petition, “after discussing the facts with the attorney general’s office, they strongly advised not to appeal. They said it would be useless for us to appeal.”
Rushing said other charges that were also settled as part of the plea will also be reinstated against Green.
Green remains in prison at this time pending an order from the appeals court.
