Gulley formally charged with capital murder
Prescott, Ark. -
A Nevada County man charged with the shooting death of a 24-year-old Prescott woman has apparently retained the services of an attorney.
Michael Dewayne Gulley, with an address listed as 4774 Highway 24 E, Bluff City, is charged with capital murder, attempted capital murder and terroristic threatening in two separate cases in Nevada County.
Efrem B. Neely Sr., representing the Ronald L. Davis Jr. law firm, has filed a series of motions in the terroristic threatening case, including a request for a list of witnesses the prosecution plans to call in their case against Gulley.
Neely has yet to file any motions in the capital murder case, which was filed last week in circuit court.
Gulley was allegedly seen in the act of the murder, according to court records.
An affidavit filed by Arkansas State Police Special Agent Dennis Morris indicates that Gulley “was observed by eye witnesses breaking a window out of the residence” of the victim, Amy Smith. The report states, “Mr. Gulley then shot into the residence numerous times, striking (the victim) once in the lower back and a second time in the right thumb.”
A second victim at the residence was also shot during the attack, “one time on the lower left back,” according to the report.
The same eye witnesses reportedly then saw Gulley leave the scene in a vehicle.
The report indicates that the female victim was taken by ambulance to the air medical transport landing zone located on the property of the former Nevada County Hospital but was pronounced dead prior to transport. The male victim was taken by ambulance to Medical Park Hospital in Hope and was then transferred to Wadley Regional Medical Center in Texarkana for treatment.
The court records indicate that eight .380 caliber cartridges were found at the scene of the murder.
Gulley remained at large following the murder but reportedly turned himself in to the Nevada County Sheriff’s Office, accompanied by a family member.
According to the court records related to the murder charge, Gulley was convicted of a felony terroristic threatening in 1998 with a second conviction in 1999. These convictions mean Gulley “should not have been in possession of a firearm,” according to the court records.
In a separate court case filed earlier in June, Gulley is accused of having had an altercation with Smith and another person. According to the police report filed in that case, both victims indicated that they were afraid of Gulley and believed him capable of carrying out his threats. Gulley was subsequently arrested and was released on bond. He was to have appeared in court on the charge of terroristic threatening in September.
Gulley was arrested a second time following the murder and was denied bond. According to Nevada County Sheriff Danny Martin, threats by current inmates of the Nevada County Jail prompted officials to house Gulley in the Pike County Jail. While being held there, Gulley and a second inmate escaped from Pike County and led police on a manhunt that ended in Hempstead County.
Gulley to face death penalty
Michael D. Gulley, the Bluff City man accused in the shooting death of a 23-year-old Prescott woman earlier this year, could be facing the death penalty.
Gulley appeared in Nevada County Circuit Court on Oct. 20 along with his Little Rock attorney for a hearing to set a trial date. Nevada County Circuit Judge Duncan Culpepper addressed Deputy Prosecutor Christi McQueen with a question regarding the possible penalty in the case.
“Is the state seeking the death penalty in this case?” Culpepper asked.
“Yes, your honor,” McQueen responded.
Culpepper instructed both McQueen and Gulley’s attorney, Darrell Brown Jr. of the Ron Davis Law Firm, to clear their calendars for the entire week of Feb. 22. Culpepper then called a recess while the attorneys made their phone calls.
Upon resuming the hearing, Culpepper asked about a psychological evaluation that was to have been performed prior to the hearing, but Gulley said that he hadn’t been taken for the exam on the appointed day. McQueen said the evaluator had been out sick and that the exam was to be rescheduled.
Culpepper issued a list of deadlines for motions, witness lists and lists of questions for potential jurors before dismissing court.
Gulley turned himself in soon after the June 7 murder. Gulley was held only briefly in Nevada County before being moved to the Pike County Jail, reportedly because of threats made against him in Nevada County. Less than a month later, Gulley and another Nevada County prisoner, Jeremy Mills, escaped from the Pike County Jail and remained at large for days.
Both Gulley and Mills have been sentenced for their escape. According to records on file from the Arkansas Department of Corrections, Gulley is serving six years for escape and is currently being held at the Varner Unit. Gulley was charged with terroristic threatening in 1998 and sentenced to four years, was charged with terroristic threatening in 1999 and sentenced to five years, and was out of jail on yet another terroristic threatening charge in 2009 when he allegedly shot and killed the 23-year-old Prescott woman. He was also charged with escape in 1998 and sentenced to five years in prison. For the escape from Pike County, Gulley was sentenced to six years.