MONTGOMERY, AL (WSFA) - Montgomery Circuit Judge Roman Shaul declared a mistrial in Jacquees Boone's attempted murder and assault case Tuesday afternoon after a witness in the case was shot to death.
Kelvin Cooley, 31, the state's third witness in the case, testified on Monday and was shot in his car less than five minutes after he left the stand. Cooley is the brother of Alondre Cooley, the victim in the 2014 attempted murder case.
Officials confirm that just before 5 p.m. Monday Kelvin Cooley was shot on South Lawrence Street, parked adjacent to the Montgomery Courthouse. He died from his injuries early Tuesday morning.
Tuesday, Josephus Boone, 25, was charged with capital murder in Kelvin Cooley's death.
After declaring a mistrial, Judge Shaul ordered Jacquees Boone to be held without bond in connection to Kelvin Cooley's murder. Tuesday morning, Jacquees Boone's defense attorney, Tommy Goggans, filed a motion for a mistrial in his client's attempted murder case.
Judge Shaul spent the morning interviewing jurors to determine how much they saw and heard during Monday's shooting. Shaul stated in court that some of the jurors were scared, didn't sleep well, and one juror asked him directly whether the shooting was connected to the Boone prosecution.
Shaul stated the shooting could have influence over the jury, especially if Jacquees Boone is taken into custody without bond, due to possible connections to the shooting.
Alondre Cooley's other brother, Marcus Cooley, was also scheduled to testify in this case but he was murdered on Aug. 20.
The Alabama Attorney General's Office will prosecute the capital murder case against Josephus Boone due to the Montgomery District Attorney's Office's connection to the case.
THE SCENE OF THE SHOOTING