By By Lisa Tindell – news editor
In the end, the height of the late “godfather of soul” James Brown may not matter as attorneys present a case against Dan Gulley, who has been charged with the attempted murder of David James Brooks Jr.
The case stems from a shooting in Atmore on Jan. 8, 2007, in which Brooks was shot twice during an argument with Gulley.
The two were a mutual friend's house on Stallworth Street in Atmore when the shooting occurred. Witnesses at the scene told Atmore police officers the two were arguing over how tall singer James Brown was when the incident occurred.
The outcome of negotiations between Kirkland and defense attorney, Earnest R. White, will determine if a jury gets to hear the case on a scheduled court date of March 10, Billy said.
In a report released by the Atmore Police Department at the time of the incident, Brooks was transported to Atmore Community Hospital to be treated for his wounds. He was later transported by Life Flight to Baptist Hospital in Pensacola, Fla., where he underwent stomach surgery.
Witnesses told officers Gulley began shooting at Brooks with two shots hitting him. Brooks then retrieved a gun from his vehicle and returned fire toward Gulley, witnesses said. Gulley was uninjured in the gunfight.
After being shot, Brooks walked to the Atmore Police Department headquarters and told the dispatcher on duty that he had been shot. The dispatcher summoned medical attention from Kelley's Ambulance Service and the Atmore Fire and Rescue Department. Officers proceeded to the Stallworth Street address to secure the scene and to question the victim.
Gulley turned himself in to officers at police department offices and identified himself as the shooter in the incident. He was arrested and taken into custody.
Charges against Gulley were upgraded from first degree assault to attempted murder following an investigation by police officers.
The case is scheduled to go before a judge in courtroom one on March 10 as the 21st Judicial Circuit Criminal Docket gets under way.
Other cases scheduled to be heard March 10 in courtroom one are: James Ferrell Travis - sex abuse first degree; Lazay Mason - attempted murder; Steven Joyner - criminal mischief, first degree; William Q. Williams - theft of property/forgery; Ella Bradley - theft of property, first degree; James Slusser - sex abuse, first degree; and Terrance D. Culliver - shooting into an occupied vehicle.
Cases will be disposed of through the courts under a docket schedule beginning March 10 with final cases being presented March 14.
Jury selection and other proceedings may shorten or lengthen the docket schedule as needed.