The trial of a woman allegedly involved in the shooting of a Cullman police officer was postponed Tuesday pending a mental evaluation of her co-defendant.
A Cullman County grand jury indicted Misty Nicole Mercer, 29 of Georgia in April on several counts of attempted murder and assault in the second degree. Her husband, Chad Scott Mercer, 31 was also indicted on charges of attempted murder and robbery in the first degree.
According to Cullman County Circuit Court records, (Chad) Mercer’s mental evaluation is impacting (Misty) Mercer’s trial because the district attorney’s office is attempting to consolidate both cases.
“We are opposed to that,” said Kim Drake, defense attorney for Misty Mercer. “In the best interest of our client, it is better that we have separate trials.”
Drake alleged that her client is but another victim in this case.
“Her mother never thought she would have left with him (Chad),” Drake said. “She was a battered wife and had filed a protection from abuse. She was not there voluntarily.”
Drake also alleged Misty Mercer’s mother filed a missing person’s report around the time she left Georgia.
“We’re working on getting all that information on the missing person’s report,” Drake said.
According to Cullman Police reports, Officer Roy Bates, 35, was struck in the face by a stray shotgun pellet allegedly fired by one of the Mercers after a high-speed chase on Feb. 3. He was not seriously injured.
The shooting occurred a few minutes after the Mercers allegedly robbed the BP service station on Alabama Highway 157 near Interstate 65 at gunpoint. Cullman officers Bates, Jeremy Hudson and Chris Thomason quickly responded to the scene. Thomason attempted to pull the suspects’ truck over for a traffic stop in Dodge City, but it sped away.
The Mercers then allegedly led officers on a high-speed chase down Interstate 65 that topped 100 mph at certain times. At one point, one of the suspects fired shots at Thomason’s vehicle.
The suspect vehicle stopped abruptly around Highway 291. Bates, who was the passenger in the police car Hudson was driving, opened his car door, stepped outside and drew his weapon, at which point he was shot.
The police pursuit then continued south on Interstate 65 and soon involved several other law enforcement agencies. The suspect vehicle was immobilized by police spike strips in Gardendale and the Mercers gave up without further resistance.
A representative from the district attorney’s office could not be reached for comment on this article by deadline.
‰ Patrick McCreless can be reached by e-mail at patrickm@cullmantimes.com or by telephone at 734-2131 ext. 270.
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