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Mistrial Declared In Trial Of Billings Murder Suspect Donnie Stallworth
March 4, 2011
A mistrial was declared late Thursday night in the trial of Billings murder suspect Donnie Stallworth, Jr. after almost nine hours of deliberation.
The Brewton native was one of seven people charged in the execution-style murders of Byrd and Melanie Billings in July 2009 . Leonard Patrick Gonzalez, Jr. received the death penalty last month for gunning down the Beulah couple as several of their special-needs children watched.
Stallworth, a former U.S. Air Force staff sergeant, was accused of being in the home at time of the murders, armed with a gun. He was charged with two counts of first degree murder.
The accusations came from two co-defendants, 16-year old Rakeem Florence and 21-year old Fredrick Thorton. Both pleaded not contest to a lessor second degree murder charge in exchange for their testimony.
The jury began deliberations just before 2 p.m. Thursday. The hung jury was summoned back to the Escambia County courtroom and released by Judge Nick Geeker just before 11 p.m. Geeker scheduled a retrial for Stallworth, 29, to begin on April 25.
Sometime after the July 9, 2009, murders, Stallworth fled to his hometown of Brewton, Ala., where he turned himself in at the Escambia County Detention Center. At the time of the murders, Stallworth was assigned to the 1st Special Operations Aircraft Maintenance Squadron at Hurlburt Field. Much of his family still residents in Brewton.
Comments
28 Responses to “Mistrial Declared In Trial Of Billings Murder Suspect Donnie Stallworth”
OMG, can it be ?????? Pensacola is actually running out of jurors that aren’t willing to lie while under oath! IMO the way the judicial system has handled the
” Billings ” case from the very beginning is an insult to Escambia County’s Law Enforcement as well as the Escambia County Court System. First, the State Attorney’s Office takes advantage of a couple of juveniles by scarring the poo out of them. Telling them what kind of sentence they could be looking at ( under the worst scenario, if in fact they would have been found guilty ). Then explaining to them how the State Attorney’s Office could recommend much lesser charges and much less sentencing as long as they co-operate and say what their told to. The biggest problem with that, was it’s now been well over a year and a half and both of the State’s witnesses have detoxed and long been jones’en for that buzz and forgot what they were supposed to say. They have repeatedly lied under oath and the fact is that neither one of them are credible witnesses. Secondly, what was up with that juror that gave a comment to the WEAR TV reporter outside the court house stating that she believes that Stallworth was guilty and that she couldn’t wait to see the Billings’s family so that she could apologize ??? ( not sure anyone understood that comment ). Last but not least, since when has it not become unacceptable for a judge ( hearing the trial ) to sleep during the trial. Judge Geeker had quite a lengthy nap, that in it’s self should have been reason enough for a miss-trial.
The comments on this blog have a different flavor then the ones on PNJ (Pensacola News Journal). It apppears bloggers on this forum are using their heads. Is this blog in Florida or Alabama? Anyhow.,…
I was at the trial and was able to observe first hand the evidence. THERE WAS NONE. Only circumstantial – but one must remember in this county one can be convicted on circumstantial evidence – in fact, most people are.
There is so much more to this case that people know, including the jury. The main thing is the State of Florida knows it and is doing nothing about it. My heart goes out to the victim’s family and also the family of the accused.
People, people, people – DO NOT BELIEVE WHAT YOU READ OR SEE – DO THE MATH YOURSELF!
Mr. Stallworth was a hard worker when he worked for me in Florida. He did not show any open tendencies to participate in such a crime. If he was in fact involved, he was very good at concealing such disturbing acts. When I learned of his potential involvement, I was utterly shocked. That aside, if he was involved, I believe that he should be held accountable. Where is the proof??
I doubt they intended to kill. They just didn’t intend to NOT KILL if the situation arose and THEY created the situation for killing by their actions. These weren’t children who didn’t understand what would happen if shooting started. Nor did they think they were out on a picnic.
Again consider the situation of shooting into a crowd, you MIGHT not intend to kill, you may just mean to cripple for life. Nonetheless, there is a reasonable expectation of death to follow your actions in such a case.
David considering causes and effects,
actions, attitudeds and consequences
Yes, David, I understand what you are saying, but I still think that if someone is going in to steal doesn’t necessarily mean they were there to kill. If a person fires into a crowd, then he meant to kill someone. A person in this situation may or may not have totally considered what could happen, only that their intent was to steal the money. But, as I said earlier, being there put them in the position to get whatever. But what could really have been in their minds, one really will never know.
REGARDING:
“some of these men, maybe even the one who pulled the trigger, did not know what was going to happen until it did. The one who pulled the trigger got what he deserved. They shouldn’t all be convicted of murder just because they were there. They should be charged with what they did, no more and no less.”
If you accept the fact that they were knowingly there in the commission of a felony in which a reasonable possibility of gunfire and murder existed, then you accept that they took part in the murders. Does it really make sense to you for any to say, “I knew we were going in with loaded guns but I never thought they might be fired or anyone be killed”?
Were they part of the murder? Ask yourself if the shooter would have tried to rob and kill if he didn’t have the cooperation of the others to help him steal the safe? Would he have done it if he hadn’t expected others to drive the getaway vehicles?
Consider a person who fires a gun into a crowd. He doesn’t know if the bullet will kill anyone and he doesn’t know who will be hit, but wouldn’t you agree he is just as guilty of murder as if he had picked out a particular person to kill?
Now consider if this is equivalent or at least similar in attitude.
David considering
concept of felony murder
To Just An Old Soldier: I will do that, because I’d like to see more evidence. Since I haven’t seen those tapes, it may enlighten me further. Like I said, justice should be justice and they should be punished for whatever they did. If they knew there was going to be a murder, and was all for it, then oh well, they get what they deserve. All I’m saying is that the punishment should fit the crime. And, by the way, I’m republican.
Seems like memories run pretty short among people – guess that’s why Democrats keep getting elected.
Look at the interview tapes of the folks involved in the Billings Murder investigation, they are online at youtube, and other websites. The Sheriff’s Dept got it absolutely right, and got it done in impressive time. Look it up.
This guy was in it up to his gills.
If the jury looks at the evidence, they’re sure to come back with a guilty verdict.
I tend to think that some of these men, maybe even the one who pulled the trigger, did not know what was going to happen until it did. The one who pulled the trigger got what he deserved. They shouldn’t all be convicted of murder just because they were there. They should be charged with what they did, no more and no less. I tried to put myself in their shoes. If i thought I might make a couple of hundred thousand if I just went in and helped get a safe out of the house, doesn’t mean that I went in with the intention of murder. But I should get proper punishment for robbery. I may not have even been in the room when the people were killed. And very surprised that it happened. But, I did put myself in that position by being there, so I should be charged with what I did. Justice should be justice. Not overdone, or underdone. If I was in the room and could have stopped it, but did nothing, then that is different, too. If I handed him the gun and told him to shoot, that is another story. But, I can’t help but believe that some of the guys may not have known this was going to happen. I actually see it sort of this way: Gonzales confronts the Billings and tells them to lead him to the money, they refuse, he says I’ll shoot you, they still refuse, he shoots them. Stupid, but likely. He needed to get what he got. As for the others? We’ll see as the trials go on. Donnie Stallworth….good luck to you.
REGARDING:
“wasn’t there testimony that no one in the video could be positively identified due to the lack of quality of the video?”
And
“How do we know this man was there? – - I do think that he should be judged by what evidence is against him. I do not think that what these others testify against him should mean a lot they have made deals. They could say any of us was there”
If video doesn’t show clearly who, that doesn’t mean nobody was there. Thus, it’s reasonable to ask those willing to testify as to their parts in the sorry affair who did what.
It’s always possible they’re lying. It’s more likely if they have something to gain by lying. You have to assume they prosecutors were asking them to lie in exchange for their testimony, but it is POSSIBLE–just not likely. What does anybody have to gain to accuse an innocent person and not name a guilty person? Further, remember if it is proven later they lied during testimony, all deals promising reduced sentence are off. Thus you have to assume they are both lying with the knowledge of their lawyers and that they are assuming the truth will never come out, as well as assume that the prosecutors also expect to never get caught.
Seems unlikely but it’s up to the jury to decide.
David thinking
During the LPG, Jr. trial, wasn’t there testimony that no one in the video could be positvely identified due to the lack of quality of the video?
Testimony of Florence and Thornton changes with each trial….kinda hard to remember what we s’posed to say after all this time.
How do we know this man was there? I do not know this man and I do not care what happens to him but I do think that he should be judged by what evidence is against him. I do not think that what these others testify against him should mean alot they have made deals. They could say any of us was there the tapes could show us all dressed up. It would be one of us right because they say it is.
I have never met Byrd or Melanie but I know people who knew them well. I have never heard anything bad about either of them. Mr. Billings may have been a shrewed businessman, but from what I’ve heard he was a great parent. As for Judge Geeker, he is without a doubt the finest judge we have. I have had the pleasure of meeting him on numerous occasions, outside the court house, and he is in my opinion a fine man. If he called a retrial after 9 hours then he must have felt that it would do no good to continue. Let’s have a little faith in the system and sure it will work to everyone’s satisfaction. The state will retry this unless they can compell Mr. Stallworth to plead to a lesser charge. Either way he will pay for his crime…
I know good people who have gotten into the wrong group of friends and done horrible things but getting in with the wrong group of people doesn’t excuse their actions killing someone is a horrible act even though they may be someone son father uncle friend is doesn’t matter they took away someone’s son father uncle friend. If you do a horrible crime you should be punished for it. I pray that God will help all parties involved, losing a parent that is healthy and has a long life to live (you think ) is a horrible thing to go through, when you don’t get a chance to say goodbye it seems you never truly have closure, you live it daily always trying to get through it. The people who done this have to pay and their families will suffer for the decisions they made but they may still get to visit them see their faces and write them letters, something that the Billings family will not get to do.
FOR THOSE BAD MOUTHING JUDGE GEEKER. I’VE KNOWN HIM FOR A VERY LONG TIME AND HE DOES WHAT IS RIGHT. AS THE OLD SAYING GOES HE WOULD HAVE HAD THE JURY THERE UNTILL THE COWS CAME HOME IF THERE WAS ANY CHANCE FOR THE JURY TO REACH SOME TYPE OF A VERDICT. CH.3 INTERVIEWED A FEMALE JURY MEMBER WHO WAS THE HOLD OUT—-SHE SAID SHE WAS NOT GOING TO CONVICT HIM OF ANYTHING FOR MAKING A MISTAKE. SHE WOULD NOT BUDGE AFTER 9 HOURS—I GUESS IT WAS TIME TO GO HOME. SOME TIMES THE BAD GUYS GET LUCKY
FIRST, I WOULD LIKE TO SAY THAT MY THOUGHTS AND PRAYERS ARE STILL WITH BOTH FAMILIES…. STALLWORTH IS A GREAT PERSON, AND ONLY GOD KNOWS THE ACTUAL TRUTH…
***MEDIA HAS BROUGHT US MANY STORIES AND STATEMENTS HAS BEEN CHANGED. ONLY GOD KNOWS THE TRUTH . REGARDLESS OF HOW OTHERS MAY FEEL STALLWORTH IS A GOOD PERSON. THE WRONG CHOICE OF FRIENDS WAS MADE. I GREW UP WITH HIM AND WENT TO SCHOOL WITH HIM AS WELL. YOU MAY FEEL HE SHOULD BURN IN HELL OR CALL HIM AN ANIMAL. YOU CAN’T JUDGE A BOOK BY ITS COVER. GIVING MY 100% SUPPORT BEHIND STALLWORTH AND HIS FAMILY. RATHER HE IS GUILTY/NOT GUILTY! HE IS STILL SOMEONE’S SON, FATHER, HUSBAND, AND FRIEND. MY HEART GOES OUT TO THE BILLINGS FAMILY.
DONNIE STALLWORTH JR ALWAYS REMEMBER THAT WE LOVE YOU & STAY STRONG! ONLY GOD KNOWS BEST!
I agree with Sam….
Judge Geeker made a hasty decision.
Perhaps he had alternate plans for Friday.
VOR thinks the plans were not golf or fishing because the winds were horrendous.
Maybe he was just tired. We all need a break once in awhile….
You’re comments are all 100% false! I knew the Billings’ (both of them) for many, many years. Bud loved those kids with his whole heart! He built that house specifically designed with them in mind. How dare you make accusations that are completely false. He didn’t know their names, and they were a money pot for him? You are completely wrong. Those children were the most loved, most well cared for children I know. Bud spent hours fishing that lake with those boys, or feeding the chickens with them, or teaching them to swim, etc. I could go on but it’s not worth it.
Just know that while it may make you feel important to spread lies as if you know something about someone, all you really do is cause more hurt to the ones who have been hurt the most, the loved ones left behind by this heinous crime! It is beyond ridiculous that we have had to spend almost 2 years defending the honor of 2 wonderful people who did nothing but have a normal evening in there home. But because of the actions of others became victims and some people just have to have a reason to blame the victims.
Well I had the displeasure to meet Mr. Billings. My job forced me to be at his home shortly after building his home and He was a jerk. Not just to me but to everyone working there. At that time he didnt even know the names of the children. Im sure that later changed because he tried to get a “patent” on all of their names so he could make money if anyone ever used their names. Now Im hoping justice will be done and all parties involved gets the most severe penalty they can but please stop acting like the man was a saint because he wasnt. Those kids were a money pot for him. I heard those exact words come from his mouth while I was working there. I can not speak for ms billings because she wasnt there. Everything Ive heard about her is that she was sincere and honestly loved those kids. And FYI “Jim W” just because its in the news article doesnt mean its true. Ive seen ALL of the videos from inside the house and you can not tell who is who. They are all wearing nbinja gear and its dark.
I am actually shocked at Geeker! I did not know there were time limits on jurors deliberating. 9 hrs is not that long especially when you know other courts that allow the jury to go for days to make a decision. I think he called a mistrial way too soon.
Wow! Now there is a shocker. This is going to be interesting to see if he is tried again on a lesser charge. They have video and did not convict so there must be reason to doubt the charge for the crime committed. Maybe he will get 2nd degree charges and be tried on that. He was there according to the news article back when this happened it’s just a matter of what his participation was in the crime.
OLD SOLDIER-THE BAD PART IS THE STATE (AS IN YOU AND I) IS PAYING DOUBLE-YOU CAN BET HE HAS A PUBLIC DEFENDER THAT WE PAY FOR .
A person can be re-tried as many times as the government can afford to bring a case, unless it is dismiss “with prejudice.”
Perhaps he will wisely plead guilty to second degree murder with a 30 year/no parole sentence when the State brings the case again. At least then he has a chance to see his grandkids, and will be removed from society and the potential for future mayhem.
Unfortunately, he has already demonstrated a lack of good judgement.
May God have mercy on his soul, and may he receive the justice he deserves on this earth soon.
I’m betting there was a juror who just refused to believe that this animal was present for this atrocity. Even in the face of overwhelming evidence one juror did’nt believe it.
My wife met Mrs. Billings a few months before this crime and she described Mrs. Billings as the most kind and gentle soul she had ever met. Her generocity and love of children made her an angel in our eyes. I hope Stallworth burns in Hell!
I thought they had everybody involved on a surveillance camera at the Billings’ home, Maybe they tried to convict him of first degree murder and the jury leaned toward second degree?
Dang William! You’re fast!
You are our #1 stop for news; you get it out there faster than anybody!
Does anyone know how many times a person can be retried if a mistrial occurs more than once? Juss curious.