Myers found not guilty

BONIFAY - A six-person jury found Bobby Myers not guilty Wednesday evening in Holmes County. The 72-year-old resident of the Bethlehem community north of Bonifay was on trial for second-degree murder in the shooting death of Wendell "Butch" Kirch on January 24, 2007.

Myers was charged with shooting Kirch during an altercation after Myers heard that Kirch had assaulted Myers' daughter, Wanda Gilley, five days before. Kirch died of a gunshot wound to the neck following the shooting at Gilley's home.

Myers testified Wednesday that he was not looking for trouble when he pulled into his daughter's yard.

"I had no intention to shoot him," Myers said during testimony Wednesday. "I just wanted to see how Wanda was."

Myers said he was told over the weekend that Kirch had assaulted his daughter, and went to his daughter's residence at Cotton Circle that Sunday to check on her, and she was not home. He returned on Jan. 24, pulling in as Gilley returned from work.

Myers said Kirch was leaning up against a pickup truck about 40-50 feet away and began walking toward him. Myers admitted he took a .38 revolver with him that night for protection due to Kirch's reputation for erratic behavior, methamphetamine use and carrying a handgun. "I knew him and I knew his reputation. I knew other people he had problems with. I knew how he was."

On cross-examination Wednesday by defense attorney Roy Lake, Gilley admitted that she and Kirch smoked methamphetamine that afternoon. "He was real hyper," Myers said of Kirch.

Myers said Kirch kept getting closer. "I knew I could not let him get his hands on me," Myers said, "so I took my gun out and was just holding it."

Myers admitted he was very frightened. "I was expecting any minute that he would pull his gun," Myers told the court. "I was afraid he would use Wanda. I've never been in a position like that before."

According to Myers Kirch never knelt or squatted down as Gilley had previously testified, and Myers said Kirch never apologized for his actions as Gilley also testified earlier. Myers said Kirch was "smart" with him and said he had few words to say to Kirch.

With Gilley and Kirch close by, Myers said Gilley accidentally hit his arm, causing the discharge of the .38 revolver. Myers said he was just holding the revolver loosely. "I didn't have the gun on him at any time," Myers said.

Kirch fell face down and Gilley helped him walk to her Jeep Cherokee. As she had no telephone, they drove to a nearby residence to call 911. Emergency assistance was dispatched, but Kirch died of a neck wound that evening. Myers said he did not think Kirch was badly hurt if at all and left the scene shortly thereafter.

Myers said he took his revolver and a .22 rifle he always carried in his truck to a relative's house. He said he did so because he was afraid that in the aftermath of the shooting that the police might stop him and there might be a shooting if they saw the guns.

"I was scared," Myers said.

"It should have never happened," Myers said. "If there was any way in the world I could undo it I would, but I never could."

Sheriff Dennis Lee was called by the defense to go over reports and transcripts from the night of the incident. Lee lives nearby and was first on the scene at the neighbor's house where Gilley took Kirch. Lee found a knife next to the Jeep and found Kirch's belt cut. The .380 automatic and holster that Gilley cut from the belt were later recovered. Lee said gunshot residue was found on Gilley's shirt.

Lee testified to what he knew of the character of Kirch and Gilley.

"I knew Butch Kirch and he had a thug reputation," Lee said. "He was right on the edge of whatever was going on, including dope, and he wanted to get a reputation. Kirch also served time in Holmes County Jail on a concealed weapons charge.

Lee said that some would say great things about Kirch while others called him a thug. He said his department had also dealt with Gilley on several occasions. He said photographs and an examination of Gilley a few days after the shooting showed bruises on her face and neck, a cut on her abdomen, and bruises on her legs that corresponded with injuries she reportedly received from Kirch five days before the shooting.

Lee also said he had known Myers all his life. I've never known him to be violent," Lee said. "He minds his own business, works hard and he doesn't tend to anybody's business."

Assistant State Attorney Luke Taylor said his case could be summed up in Gilley's words the night of the shooting - "Daddy shot Butch."

Taylor called Myers "a man on a mission" that night. Taylor said there were no hostile actions by Kirch and the defendant saw no weapons on Kirch before the shooting. "Nobody made the defendant go up and confront Butch," and said Myers took the law into his own hands.

Taylor said that Myers appointed himself "judge, jury and executioner," and that just because Kirch had tattoos, guns and knives he didn't deserve killing. "Butch Kirch didn't get due process - he got it from the end of Bobby Myers' pistol," Taylor said.

Lake called his client "a reasonable daddy" that was trying to defend his daughter from a bully, as he described Kirch.

"He gets his gun out and played with it," Lake said. "He takes his gun into Wal-Mart, he takes his gun into the store in Esto. He did an 11/29 in the county jail."

Lake said that his client was acting reasonably when he heard about his daughter's altercation with Kirch. "He said, I've got to find out what's going on," Lake said. "He went out there because of his daughter. What is a reasonable daddy to do?

"There is absolutely no evidence that Bobby Myers intended to shoot Butch Kirch."

After the jury returned after deliberating for about an hour and a half, a tearful Lake embraced his client.

"I am so happy for you," Lake said.

"I couldn't ask for no better," Myers responded. "I don't know anything to say except praise the Lord."