Wilson to face jury TuesdayPublished 5:09pm Monday, September 17, 2012
After a June mistrial was declared by Circuit Judge Bradley Byrne, a Brewton man will once againt face a jury in a trial on chages of attempted murder.
Donald Gregory Wilson had been charged with the crime stemming from a 2010 incident when he allegedly fired shots that injured a hotel employee and other shots aimed at law enforcement officers responding to the scene..
Wilson’s trial was dismissed in June when a witness in the case failed to appear to take the stand.
Dr. Jerry Gragg was summoned to appear to testify in the trial but failed to show up in the courtroom.
Wilson’s attorney, Earnie White, entered a motion to have the judge declare a mistrial in the case since Gragg was to have been a material witness in the case concerning Wilson’s mental condition during and following the acts that lead to the charges against him.
Byrne granted the motion and declared a mistrial in the case and quickly dismissed the jury. He also issued a contempt citation for Gragg who will now be required to appear before the judge to justify his absence.
Escambia County District Attorney Steve Billy said the jury would be seated Tuesday morning in a case expected to span no more than two days of testimony.