The U.S. Supreme Court then ruled that the jury in the case was not properly charged by Marion County
Circuit Court Judge Carlton Mayhall, Jr., who, according to the court, failed
to clarify with the jury that any guilty verdict must be reached beyond a
reasonable doubt.
The second trial was set for April of this year but was postponed due to a
change of venue out of Marion County. The reason cited was pretrial publicity
from a front-page story in the April 19
Journal Record.
Last week, a jury in Double Springs decided that Gillentine was once again
guilty of manslaughter.
“I was satisfied with the verdict,” said Marion County District Attorney Jack Bostick. “It was definitely called for with the facts of the case.”
Bostick said that the prosecution added one element to its case this time. “We included the autopsy photos. There was an indention in the back of Scott’s head from the barrel of the gun. The photos really drove home the point with
the jury.
”
In both trials, Gillentine claimed self-defense in the shooting death of Scott.
The two men, along with mutual friend Lee Cason, were riding in a car near
Fikes
’ Crossing in West Hamilton when Gillentine shot Scott in the back of the head.
Cason then jumped out of the car and Gillentine had to reach over Scott
’s body to stop the car.
In his testimony in the August 2002 trial, Gillentine claimed that Scott was
brandishing a gun and threatening him.
Explaining some of the history of the case, Bostick said that Gillentine had
turned informant on Scott, which resulted in Scott being arrested.
“Gillentine was afraid that Scott was going to turn on him. He told his ex-wife
that he might have to kill Scott about two weeks before it happened.
”
Bostick said that Gillentine went to his cousin’s house to pick up his gun hours before the shooting. “His cousin saw him put the gun in his belt.”
Bostick added that Gillentine also made sure that Scott had a gun with him
before they took their final drive together, which appeared to be part of his
plan to corroborate a plea of self-defense.
The jury deliberated an hour and a half before rendering their verdict of
guilty.
The 42-year-old Gillentine has not been sentenced, but Bostick said this would
take place as soon as possible.
Gillentine was serving his sentence at the Limestone Correctional Facility when
he was granted a new trial. Whatever his sentence, Bostick said he will likely
return there.
There will also likely be an appeal, but Bostick is looking forward to putting
this case behind him.
“I hope this ends the case,” he said. “The trial was very clean.”
