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June 12, 2014

Maynor’s attorney: ‘Trigger event’ caused shooting, seeking bail reduction

CULLMAN — The defense attorney for Jay Maynor, who is accused of killing the man convicted of molesting his daughter more than a decade ago, says a “catalyst event” caused the shooting and he will push to have both the charges and bond reduced in the case.

Tommy Drake, Maynor’s defense attorney, told The Times there was an event that occurred very recently that led directly to the Sunday shooting in the Berlin community. Maynor has been charged with the murder of 59-year-old Raymond Earl Brooks at the home Brooks shared with his parents.

He is also charged with attempted murder and shooting into an occupied building for allegedly opening fire on his step-daughter’s boyfriend outside the Berlin Plaza Quick Stop.  Investigators have also added a charge of reckless endangerment, in connection to allegedly shooting into the gas station.

“Based on evidence we see, it’d be a crime of passion, which would mean manslaughter instead of murder,” Drake said. “After 12 years, how is it in the heat of the moment, or passion? I can assure you there was a catalyst event, a trigger event, that caused this situation. Obviously, this is something that’s caused a great deal of pain and anguish for this family and they’ve suffered over many years.”

When the case goes to trial, Drake said he will be listing evidence in regards to what allegedly caused the shooting to occur.

Drake said he also plans to file a writ of habeas corpus, with hopes to have a hearing set for Maynor within the next five days. He will also seek to have the $141,000 cash bond reduced, which Drake likened to essentially being “a non-bail” at this point.

“We’re claiming he’s illegally held by an excessive bond, and the problem is that its cash bail,” he said. “There’s no way anyone can make a cash bond, especially someone who is a construction worker, despite the fact that he’s been gainfully employed for many years, he just doesn’t have those means. We’re seeking to have that reduced and converted from a cash bond to a property bond at a level that is more reasonable.”

Drake said he believes his client will fit the applicable criteria to qualify for a reduction in bail.

“Some factors they look at is whether the person is a citizen with ties to the community, and he is a lifelong resident with children and family here, and he’s generally worked in this area,” he said. “Another factor they look at is whether the person has a prior record, and he has no previous felony convictions. He seems to be a good candidate.”

A social media movement has erupted around the case to show support for Maynor in the days since his arrest, with nearly 1,700 people joining a Facebook group called “Family, Friends and Supporters of Jay Maynor.” The page is reportedly managed by Maynor’s step-daughter.

The group has started a fundraising effort to help with Maynor’s legal fees, and has raised more than $700 in donations as of Thursday evening.

“Thank you so much everyone for all of the support,” Maynor’s step-daughter posted earlier this week. “We are amazed at all of the people on his side. He did what any father would do. He gave up his freedom to protect his kids. When asked why he did it he named all of us kids & all of his grandbabies. He loves us all so much. & We love him so much too.”

 

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