Mills sentenced to 20 years

A Phil Campbell man found guilty of manslaughter in April was sentenced to 20 years in prison on Tuesday.

Circuit Judge Terry Dempsey sentenced Jerry Ronald Mills, 56, 194 Block Church Road, Phil Campbell, to the maximum sentence allowed for the manslaughter charge he received in the shooting death of 70-year-old Robert Leroy Presley in March 2011.

Several of Presley’s family members spoke at the hearing and said Presley’s unexpected death has been very hard on the family.

Gary Cummings, who described himself as a first cousin and good friend of Presley, said he learned a lot from him over the years and he was truly missed.

“Leroy lived to deer hunt,” Cummings said. “Every weekend we were together and on holidays that’s what we did.

“His sudden death was horrendous. The key player in a family is the daddy and I know it had a huge impact on his boys. Nobody got a chance to say goodbye.”

Cummings said he believed Mills should serve the full 20-year sentence for his role in Presley’s death.

“Leroy’s a person who loved life and in a split second it was taken from him,” Cummings said. “Even if he gets 20 years and serves 10, Leroy’s still dead. He’s gone and we won’t get him back.”

Before the sentence was read, Franklin County District Attorney Joey Rushing said he had spoken with the other family members and their sentiments about the punishment Mills deserved was reflected in what had been testified to that morning.

“All the brothers and sons request Mr. Mills serve the full 20 years,” Rushing said. “They think that would be a just sentence, and it’s what the state is requesting as well.”

Defense attorney Billy Underwood did not call any witnesses at the hearing but told Dempsey he still believed this was just a crime of passion and something that happened in the heat of the moment.

“It isn’t like Mr. Mills came to that house and wanted to kill this man,” Underwood said. “He was originally charged with murder and I think the jury compromised on the verdict by finding him guilty of manslaughter and I think the court should consider that.”

Dempsey addressed Mills before the sentencing and told him that he had listened to all the facts of the case during the trial and knowing what happened helped him make an informed decision regarding his sentence.

“I do believe the jury was correct that you were at least guilty of manslaughter,” Dempsey said. “I also believe you received your break by the jury returning with a verdict for manslaughter because a different jury could have found you guilty for murder.

“I believe you had every opportunity to walk away that night and your actions resulted in the death of another man. You could have gotten in the truck and left and if you had we wouldn’t be here today.”

Dempsey said because of the facts presented during the trial that Mills indicated he had a pistol in his pocket when he entered the house but chose to go to his truck and get a bigger gun that he ultimately used to shoot Presley, he believed self defense was not an applicable defense.

Even though Mills was sentenced to the full 20 years in prison, he will have the opportunity to post an appeal bond and still remain out in the community until the appeal process for his case is concluded, Rushing said.

“Under Alabama law, if you receive a sentence for 20 years or less, you are entitled to an appeal bond,” Rushing said. “Because this was a trial where the maximum sentence allowed for the verdict of manslaughter that he received was 20 years and Mr. Mills had no prior convictions, Judge Dempsey had no choice for granting an appeal bond.

“We wish the law was different, especially in violent cases like this, but it has been this way since I’ve been practicing law.”

Mills’ appeal bond was set at $500,000, which is the same amount as his trial bond.

Rushing said he will have 48 hours to post bond and if he does, he will be placed on Community Corrections and monitored for any drug activity.

“In his parole report, Mr. Mills admitted to using marijuana since the trial concluded,” Rushing said. “If he posts his bond, he will be subject to drug screens, curfews and other restrictions and if he violates any of those conditions, we will be able to file for a revocation of his appeal bond.”

Rushing said Mills will have 42 days to appeal his case. Once the case is appealed, he said the Court of Criminal Appeals would then have three to six months to hear the case and then six to nine months to make a ruling.

“When the appeal process is over and if the sentence or verdict is upheld, we will then file a motion for Mr. Mills to be remanded into custody and begin serving his sentence.

“We knew the appeal bond was a possibility going into this. We are just very pleased Mr. Mills received the full 20 years and that the judge saw this crime for what it was.”