A judge in Montgomery has declared a mistrial following the death of a witness involved in Jacquees Boone's attempted murder and assault case. Montgomery Circuit Judge Roman Shaul made the decision on Tuesday afternoon.
The 31-year-old witness identified as Kelvin Cooley was the state’s third witness in the case, he was shot in his car after testifying on Monday less than five minutes after he had left the stand. The witness was Alondre Cooley’s brother.
Reports from officials confirmed that Kelvin Cooley was shot just before 5 p.m. on Monday on South Lawrence Street. Surprisingly, the scene is just adjacent to the Montgomery Courthouse. The victim died on Tuesday after sustaining serious injuries.
Josephus Boone, 25, was charged with capital murder in Kelvin Cooley's death. The Judge ordered Boone to be held without bond after he declared a mistrial, in connection to Kelvin Cooley’s murder. On Tuesday morning, Jacquees Boone’s defense attorney, Tommy Goggans, filed a motion for a mistrial in his client's attempted murder case.
The jurors were interviewed by Judge Shaul in the morning as he tried to determine how much they saw and heard during Monday’s shooting. During the court proceedings, Shaul stated that some of the jurors were scared, didn’t sleep well, and one juror asked him directly whether the shooting was connected to the Boone prosecution.
Shaul was of the opinion that the shooting could have influence over the jury, especially if Jacquees Boone is taken into custody without bond, on the grounds that there could be a connection to the shooting.
Marcus Cooley, who is Alondre Cooley’s other brother, was also scheduled to testify in the case, however, he was also shot on the 20th of August.
The 2014 case saw Jacquees Boone convicted of attempted murder and first-degree assault, however, the Alabama Supreme Court threw out the conviction over evidence admitted during the first trial. However, a bond revocation hearing will be set for Jacquees Booone in the coming days.
The capital murder case against Josephus Boone will be prosecuted by the Alabama Attorney General’s Office due to the Montgomery District Attorney’s Office’s connection to the case.