This is a discussion on Guilty! within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Two years ago our community was stunned when the news broke out of Millbrook, Alabama. In the Parking Lot of a practically brand new Wal-mart ...
June 27th, 2009 04:15 PM
Two years ago our community was stunned when the news broke out of Millbrook, Alabama. In the Parking Lot of a practically brand new Wal-mart a young man on the way home from work to get supplies for his family is brutally murdered for his truck!
This whole thing is hard to post but what is extremely hard to post is that I had been asked to pray a dedication prayer at this store. Number one you don't expect to get asked to pray those kinds of prayers in today's business world but I took the opportunity and Number two, I remember so clearly praying "Father keep these employees and their customers safe"! I was serious, with all my heart because you know what can happen and it did. The last thing this young man ever did on this earth was fulfilling is role as a husband and father. He did a day's work and then was picking up supplies on the way home. He never made it because somebody wanted his truck!
Here is the trial results to date:
WETUMPKA -- The widow of James Bryan Martin sobbed when the forewoman of an Elmore County jury pronounced Calvin McMillan guilty of two counts of capital murder in the August 2007 killing of her husband in the parking lot of the Wal-Mart in Millbrook.
Minutes before, Kelsey Martin sat between her mother and father, who embraced her as she bowed her head when prosecuting attorneys answered the jury's request to replay a videotape of the last few moments of 23-year-old Bryan Martin's life.
The jury, which included 11 women and one man, had deliberated exactly one hour Friday afternoon when it asked to review the videotape from the Wal-Mart surveillance cameras that showed Martin coming out of the store holding a bag that testimony revealed held a snack, baby diapers and baby wipes.
The Millbrook father of two put the bag in his 2004 Ford F-150 and then walked back behind it to speak to McMillan, who was wearing a red shirt. He turned and walked back to the truck. McMillan followed him, shot him, got in the truck and drove off.
The jury returned with its guilty verdict less than 10 minutes after reviewing the video.
McMillan, 20, of Opelika, showed no emotion as he faced the jury. He faces the death penalty or life without the possibility of parole on both counts.
The first charge of capital murder was based on the fact that the homicide occurred during the commission of a robbery. The second charge involved the killing of a person inside a vehicle, as outlined in the so-called carjacking clause in state law.
The trial will resume at 8:30 a.m. Monday in Elmore County Circuit Court with the sentencing phase.
"We respect the jury's decision," said Bill Lewis, one of McMillan's attorneys. "Now we will center on the sentencing phase and try to get life without as opposed to the death penalty."
Friday's climax of the three-day trial came after a morning of closing arguments.
Defense attorneys attacked the veracity of the state's star witness. The co-defendant in the case, RonDarrell Terrell Williams, testified Wednesday that he saw McMillan shooting Martin in the parking lot before driving off in Martin's truck.
(2 of 2)
Defense attorney Bill Lewis said Williams is "a thug who lied on the stand to save his own neck."
Williams, 29, of Montgomery was originally charged with capital murder in the case but Monday pleaded guilty to felony murder. He testified that he drove McMillan to the Wal-Mart knowing that McMillan wanted to steal a vehicle, and though he knew McMillan had a gun he didn't believe there would be a murder that night.
"RonDarrell Williams' testimony was obviously scripted," Lewis said. "Someday he will get out of jail. That's the agreement he made. That was the only testimony they could get to put Calvin McMillan at the scene."
James Houts, chief assistant district attorney, relayed a laundry list of items prosecutors said put McMillan at Wal-Mart that night.
Houts told the jury that the three spent shell casings found near Martin's body were proven to come from the 9-mm handgun found in Martin's truck after it was recovered in Montgomery the morning after the shooting.
A pair of black Dickies shorts that were found in the stolen pickup, which McMillan told Millbrook police investigators belonged to him, had a fourth spent shell casing in the pocket that also matched the handgun. The shorts pocket also held a Reese's Peanut Butter Cup, he said, and that's one of the items Martin purchased in the Wal-Mart that night.
Houts told the jury that the video surveillance footage at Wal-Mart shows McMillan wearing those same black shorts.
Martin was shot four times and died of multiple wounds, according to the state's medical examiner, who testified earlier in the week.
As to Williams, Houts told the jury that he "had no deal" with the district attorney's office.
"RonDarrell testified that he pleaded blind. That he had no recommended sentence from this office," Houts said. "We are not going to put a number value on a man's life, not at this office. RonDarrell Williams threw himself on the mercy of the court."
Houts was wiping his eyes after the verdict.
"This is an emotional case for me," he said. "Calvin McMillan did commit this very real murder and I'm glad the jury saw that."
I must pray harder without ceasing and learn how to carry to the best of my ability and be ready cause it can happen again!
Thanks for reading this folks
Pray for this young family!
"If we lose freedom here, there's no place to escape to, this is the last stand on earth." Ronald Reagan
"Gentlemen, Prepare to defend yourselves" SGM Basil Plumley
June 27th, 2009 04:15 PM
June 27th, 2009 05:02 PM
Unbelievably sad that a young man, husband, father, productive member of society, be cut down in the prime of his life.........By whom, a scumbag that deserves nothing less than a death sentence.
Government is out of control
"If gun laws in fact worked, the sponsors of this type of legislation should have no difficulty drawing upon long lists of examples of crime rates reduced by such legislation. That they cannot do so after a century and a half of trying -- " Sen Orrin G. Hatch
June 27th, 2009 05:37 PM
Thank you for this post.
I remember the original post of this crime and the video that showed the scumbag stealing the truck.
Most of the time we never hear of the verdict.
I hope that this dirtbag is soon removed as an O2 user from this earth.
I will add this young family to my DC prayer list.
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
Certified Glock Armorer
NRA Life Member
June 27th, 2009 06:48 PM
Thank you for this post, it's good to hear the two guilty verdicts. They hopefully will bring some closure to the victims family.
We can't stop here...this is bat country.
Res Ipsa Loquitur
June 27th, 2009 10:46 PM
I hate reading about stuff like this, a good person robbed of his life by animals. Both BG's should fry.
Maybe I misunderstood, but did they also kill someone else who was in the truck ?
June 27th, 2009 11:05 PM
No. Maybe this will clear it up:
BG1 was up for two murder charges because his 1 murder qualified under two separate homicide laws.
BG2 was up for murder charges because he drove BG1 to Walmart, knowing BG1 intended to commit a felony, possibly including murder. His testimony was self-serving, because it would mean only 1 homicide law applied.
Crime should be outlawed.
June 27th, 2009 11:15 PM
Although, now I'm thinking. It's hard to draw in time when a BG is shooting you from behind at point-blank range. What should he have done better to defend himself?
Here's my take aways:
- Don't turn your back on a stranger
- Not sure what dialogue was exchanged (I imagine, "can you spare change, my wallet was stolen and I need train money... blah blah blah"), but having a hand on the grip approaching the vehicle and while the BG is nearby
- Ask him to go away, while facing him.
- Go back inside once you notice someone near your truck/car/van, call police.
Crime should be outlawed.
June 28th, 2009 12:47 AM
Having been juror #11 in a similar case in North Carolina, where there was no question as to guilt, and the Defence Attorney admitted that in the opening comments and did not call a single witness in the defence stage, I must commend the jury and the state for the strength to find guilty in this case, my jury was not that strong.
There was one juror who could not find murder 1 and we settled for a lesser verdict. During the sentencing stage we then found that the BG had shot people on three other ocassions. The same guy on two of these ocassions. (As in the movie maybe they "needed shot") Was a known cocaine dealer, had heald up the train station at the age of 13, and had a rap sheet that looked like a "Chinese Laundry List". Now the state is housing him for the remainder of his life.
Congrats to the jury, and I hope the sentence is harsh and fitting of the crime.
I'm clinging to my guns and religion.
June 28th, 2009 02:08 AM
Maybe I was speed reading over the legal limit, but how did the BG end up with the GG's shorts?
Did he take the body and dump it?
"Each worker carried his sword strapped to his side." Nehemiah 4:18
Guns Save Lives. Paramedics Save Lives. But...
Paramedics With Guns Scare People!
June 28th, 2009 03:08 AM
BG left the shorts he was wearing during the crime in the stolen truck.
Originally Posted by paramedic70002
ALWAYS carry! - NEVER tell!
"A superior Operator is best defined as someone who uses his superior
judgement to keep himself out of situations that would require a display of his
June 28th, 2009 03:40 AM
Thanks for clearing that up Mr.Narcberry. I wonder why the two charges ? A technical issue perhaps ?
June 28th, 2009 03:53 AM
A sad story. But exactly the reason that we CC.
June 29th, 2009 12:08 AM
Too bad he isn't home with his family, and the thief / murderer's family isn't telling the newspaper "how he wasn't that bad of a guy".
It's the reason we carry. So we can increase our chances that we will make it home.
June 29th, 2009 07:35 AM
By unloved in forum Concealed Carry Issues & Discussions
Last Post: March 7th, 2011, 09:09 PM
By WhoWeBePart1 in forum In the News: The Good, the Bad and the Ugly
Last Post: July 17th, 2010, 01:26 AM
By Supertac45 in forum Off Topic & Humor Discussion
Last Post: May 7th, 2010, 10:33 AM
By P95Carry in forum Concealed Carry Issues & Discussions
Last Post: January 13th, 2007, 01:42 PM
Search tags for this page
Click on a term to search for related topics.