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Money’s Conviction Reversed and Dismissed - But Only After He Spends On Year In Jail
Rickey StokesViewed: 5163
Posted by: RStokes
Date: Sep 29 2012 11:25 AM
HENRY COUNTY: Twentieth Judicial Circuit District Attorney Office prosecuted a Anthony Mitchell Money in Henry County for Reckless Manslaughter. A criminal offense classified as a class B felony, punishable for not less than two years and not more than twenty years in the Alabama State Penitentiary.
The case was defended by Dothan Attorney Dusty Fowler.
The case involved the death of Mary Curry. According to court documents, a brief summary is that on October 17, 2006 Anthony Mitchell Money and his girlfriend Mary Curry were traveling along and got into an argument. As they were traveling in Money’s vehicle the argument got physical. They stopped and exited the vehicle.
A few moments later, Curry, who was laying in the middle of the road, was struck and killed by an on coming vehicle.
The prosecution claimed Money rendered Curry dazed or unconscious and failed to remove her from the path of the con coming vehicle. Money claimed Curry laid in the road on her own and refused to remove despite his attempts to remove her.
A Henry County Jury did not convict Money of Felony Reckless Manslaughter. Instead the jury convicted him of Criminal Negligent Homicide, a misdemeanor offense. The punishment is no more than one year in the county jail.
Defense Attorney Dusty Fowler raised several issues during the trial and five arguments on the appeal. The appeals court only considered one of the 5. The reason for considering only one argument is because the court reversed the conviction based solely on the issue the statue of limitations had expired and there was no need to consider the other arguments raised by Fowler.
While the Money’s conviction is reversed, he was forced to spend a year in the jail awaiting on the Court of Criminal Appeals to make their decision.
It is rare to see a conviction reversed and dismissed.
Dust Fowler practices in the firm of Buntin, Etheredge & Dowling, LLC in Dothan.
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