Supreme Court To Decide Future Of Men Convicted On Murder Charges

By: Danielle Morgan Email
By: Danielle Morgan Email

She says her husbands killers could be getting out of prison 18 years earlier than expected.

Two years ago, three men were convicted of murdering Jimmy Mills in Clay County in 2003. Now the Supreme Court says two brothers should have never been convicted and the third man's case is sent back to the Clay County Circuit Court.

Jimmy Mills body was found in 2003 wrapped in a tablecloth, covered in a garbage bag and dumped over the hill in Big Double Creek Park in Clay County. Evidence showed he was shot three times with a pistol at close range.

"I knew something was wrong because he was supposed to go to a meeting and he didn't show up to it," said Mills wife, Donna.

She visited his gravesite often, wondering what happened. It was two years before anyone was convicted for his murder. Eight people were charged in connection in someway with killing him in a trailer and dumping the body. Three men were finally convicted of his murder in 2005 on an accomplice principal meaning they couldn't prove who pulled the trigger. Now, two years after the conviction, the Supreme Court says there was more wrong with the case and unanimously have thrown out the murder conviction of brothers Tim and Shannon Finley and the conviction of Brock Bowling is sent back to the Clay County Circuit Court where he could get a new trial.

The Supreme Court cited several reasons for changing the decision made by a Clay County jury. It says the trial court did not give the jury the correct instructions for Tim and Shannon Finley or Brock B and says the Commonwealth's evidence did not prove that the brothers could be found guilty beyond a reasonable doubt. The Supreme Court did however uphold the decision for Shannon Finley and Brock Bowlings' convictions for tampering with physical evidence. The court said the strongest case remained against Brock Bowling and reversed his murder conviction back to Clay County.

20 days to petition the Supreme Court for a rehearing has now come to an end and the attorney general says his office did not appeal it.

"Our attorneys looked at that and decided it would be fruitless to do that," said Attorney General Greg Stumbo.

We tried to contact Commonwealth Attorney Gary Gregory to see if his office would appeal the decision, but he did not return our calls. The Supreme Court says if it does not receive a petition by Thursday morning, the opinion will be finalized.

The department of corrections says it will wait on the Supreme Court to inform them on when the men can be released.

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