Hartselle man denied bond after allegedly shooting wife at family Christmas party

Dec. 28—A Hartselle man accused of shooting his wife during an argument last week was denied bond Friday, with Morgan County District Judge Brent Craig citing the suspect’s prior felony convictions and prior allegations that he had been violent with his wife.

Jerry O’Neal Hutto, 75, is charged with first-degree domestic violence after allegedly shooting his wife point-blank in the buttocks on Sunday evening. His wife was transported to Huntsville Hospital for non-life-threatening injuries.

Hutto walked slowly into the Morgan County courtroom Friday morning for the Aniah’s Law hearing with disheveled hair, wearing gray and black jail fatigues and with his hands and feet shackled. Aniah’s Law requires defendants charged with some crimes, including first-degree domestic violence, to be held without bond pending a hearing. Hutto’s court-appointed attorney, Patrick Caver, spoke with him briefly before the hearing began.

Morgan County Assistant District Attorney Garrick Vickery called his first witness to the stand to testify. After being sworn in, Hartselle police Lt. Daniel Parker detailed how the shooting allegedly took place and described statements given by witnesses at the scene. He is the lead investigator on the case.

“When I got to the crime scene, patrol had the scene taped off, and I approached the front of the house and there was a large amount of blood on the front porch,” Parker said. “There were four individuals there still on scene. I was advised two individuals had left with four children to keep them away from the scene. The victim had already been transported to Huntsville Hospital.”

Parker said Hutto’s wife is now home from the hospital and has given a statement. According to her and the witnesses who were at the scene, an argument began at a family Christmas party the Hutto family was hosting. Parker said Hutto refused to speak with authorities after he was arrested.

“I believe the victim’s son was going out of town for work the next day, so they were knocking it out Sunday night,” Parker said. “The victim and the suspect got into a verbal altercation over their marriage.

“The suspect approached the victim from behind and stuck a gun to the backside of her left butt cheek and pulled the trigger. The victim went down on the porch and the son-in-law saw what happened and went out on the porch and intervened and stopped Mr. Hutto from shooting again.”

Vickery then asked Parker the state of Hutto’s marriage, which Parker described as “volatile.” He said there have been previous domestic violence calls at the household before, including a pending case from an incident that occurred on Dec. 12.

According to Parker, on Dec. 12, Hutto and his wife got into a verbal altercation after his wife found him in her house on Barkley Bridge Road in Hartselle after she had returned from her job.

“She retreated back to her, I believe it was a full-sized SUV, and he came out and shot the SUV multiple times through the back passenger-side panel,” Parker said.

Parker said the Dec. 12 incident is still under investigation.

Hutto’s wife had previously filed a request for a protection-from-abuse order after an Aug. 31 incident in which he allegedly beat her. According to her petition, Hutto “shoved me down on the porch and continuously struck me with his walking cane for about five or six minutes until my son-in-law heard me screaming and walked over and took the cane away.”

In the petition, Hutto’s wife said that since the incident on Aug. 31, Hutto had mentally abused her and threatened to choke her. Morgan County Circuit Judge Stephen Brown on Oct. 31 granted a temporary protection order, ruling that Hutto had to leave the family residence and could not have any contact with his wife, but that he could live separately on the couple’s property. He set a final hearing on the petition for Jan. 16.

Parker said the weapon used to shoot the victim last week was not recovered as Hutto had taken it with him when he fled to Lawrence County where he was apprehended in the Moulton area. He said the weapon was not found on Hutto when he was arrested and there were no bullets or shell casings found at the scene.

“One weapon was handed to the son-in-law on the scene … . The other weapon was taken by Mr. Hutto,” Parker said. “The son-in-law stated that Mr. Hutto was known for carrying a two-shot derringer pistol. We knew that was the weapon he used to shoot.”

Parker also said that Hutto had two prior felony drug possession convictions.

After Caver questioned Parker, he asked the court to set a $50,000 bond for his client and said Hutto had a place he could live in Lawrence County and that he would have no contact with the victim and would not return to Hartselle.

Vickery asked for an elevated bond of $200,000.

Craig rejected both suggestions, instead ruling that Hutto would remain in jail without bond.

“I respect you saying that y’all were willing to set a bond, but to me under this case, he was under a PFA (protection-from-abuse order), he started with that in November and we’ve had this shooting, with the evidence pretty strong, and this other alleged shooting that is being investigated,” Craig said. “To me, this is a no-bail case.

“I’m not going to grant you a bond and you will remain incarcerated.”

Craig said Hutto could again seek bond when the case moves to Circuit Court.

“Certainly right now, the temperature is too high and it’s too risky for you to be on bond,” the judge said.

— wesley.tomlinson@decaturdaily.com or 256-340-2442.

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