HUNTSVILLE, Ala. — UPDATE (11/3):
5:00pm Jury decides death penalty for LaJeromeny Brown. The jury has been released from service.
The final vote came in at 10-2 in favor of the death penalty. After the tally was verified, the Clardy family could be seen crying; Brown's family prayed and held one another. Brown's mother was heard to cry out, "Oh my God, my son."
Prosecutors said the verdict was worth the wait. "This is something of great magnitude," said Chief Deputy District Attorney Tim Gann. "I appreciate the time [jurors] took, the diligence they had while working through this case."
Ashley Clardy-Boyd, the widow of Billy Clardy shared it had been an emotional time for her family.
"All we wanted was justice for Billy, and we feel like we've gotten that."
Defense attorney Bruce Gardner was asked for the Brown family's thoughts following the verdict. "They certainly didn't expect this," he said. "I'm stunned that someone who, for two and a half days, held out for a life sentence... moved completely in the opposite direction to give them the 10-count they needed."
Gardner noted that Alabama is "the only state in the union that allows a sentence of death on less than a unanimous verdict."
Brown is expected to appeal the verdict.
Huntsville Police and North Alabama Drug Task Force Officials released statements shortly after Friday's verdict:
"Billy's life was not in vain," said HPD Chief Kirk Giles.
"This... is the opportunity for us to begin the healing process," added NADTF Deputy Commander Sgt. Joe Kennington. "It's going to take time."
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The jury continues to deliberate in the sentencing phase.
This morning, the jury have the judge a note that they are unable to come to a vote required to make a decision. [Seven votes are required for life in prison without parole, ten are required for the death penalty.]
Prosecutors said if it’s an aggravator they are hung up on then they are willing to to remove it.
Defense objected and asked for a mistrial and then asked to make an inquiry on if it’s an aggravator.
The judge asked the jury if the issue is the aggravator or the sentence. Jury says the sentence.
Judge says the court can’t release them and they should make further efforts to come to a decision and tells them if they can’t make a decision it will be a mistrial. Judge: "It is natural difference of opinions will arise. Sympathy, emotion, and speculations is not evidence."
Judge told them to continue deliberations.
UPDATE (10/31): The verdict is in, guilty of capital murder. The penalty phase will be the next step.
4:30pm: Jurors are getting instructions from the judge, including:
- Aggravating circumstances sentence is death penalty
- Mitigating circumstances sentence is life in prison without possibility of parole
- The evidence of browns prior convictions can’t be considered as an aggravating circumstance. |
- Can be considered
1. Brown knowingly created a great risk of death to many people
2. Capital offense was committed for the purpose of avoiding/preventing arrest or escape from custody
3. Capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws
- At least 10 must vote for death in order to impose
- At least 7 must vote life without parole in order to impose it
5:00pm: Judge has concluded instructions and is conferring with attorneys to determine the plan. The jury is breaking for the evening and will reconvene tomorrow.
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Prosecution and defense both spoke before jurors to make their cases for what the penalty should be for Lajeromeny Brown, followed by witnesses. The first witness is the widow of Officer Bill Clardy III, Ashley Clardy-Boyd.
The prosecutor thanked the jurors and says he will not give anymore evidence because the jury already saw all they needed. The prosecution says it plans to prove 3 more “aggravated circumstances” (at least two needed to give death penalty) and asks the jury to sentence Brown to death.
The defense spoke next. “It’s in your hands what happens to my client. This has to do with how you feel," said the defense. They plan to bring Brown's family forward as witnesses. They also said that the fact that Brown didn’t know Clardy was an officer can now be used to determine the penalty.
The state's first witness was Officer Clardy's wife, Ashley Clardy-Boyd. Quotes:
“Lightning's not going to strike twice in this family and it did.” [In 1978, Clardy's father, Police Officer Billy Fred Clardy, Jr. was killed in a single-vehicle crash on U.S. Highway 72, at the intersection with Old Gurley Road, while en route to meet another officer.]
“We hate Christmas now. He loved it."
“Nothing about our life has been normal since Billy died.”
The jury was briefly asked to leave the room for the judge to have a discussion with Counsel. Defense objected to allowing Police Captain Mike Izzo to testify and the judge overruled, allowing the captain to testify.
The captain broke down when remembering Clardy's participation in the community during Halloween. Today being Halloween made him remember this impact). He hugged and cried with Ashley as he left the stand.
During the break, a member of Brown's family was removed from the courtroom, but she later returned.
The first defense witness was a mitigation specialist who said that Brown's dad was 23 and his mom was 15 when she had brown. His dad was not in the picture.
The next defense witness was Angela Hayes, a friend of Brown's. She said that Brown protected her when she was getting bullied, and they have been friends ever since. The pair became romantically involved in 2017. Hayes said in the courtroom, "It’s my first time seeing him in four and a half years. I still love and support him."
Brown's daughter Lajerica testified and broke down, saying, "There’s times I want to talk to him and I just can’t call him. He’s not a murderer. He’s my best friend. He’s not what y’all make him out to be”
The next witness, Brown's son Lajeromeny Brown, Jr. said, "I’ve never seen my dad cry before this week. I know what it’s like to lose someone you love and I’m just hoping I don’t have to lose another one."
Both children mention Brown being supportive of everything they did such as softball, baseball, fashion shows, and ballet.
Brown's mother, Alma Applebet, was the next to take the stand. She said, "Sometimes I feel like I put too much in LaJeromeny. The way they portrayed my son, it’s just not my son. When my son showed up at that house it was not to kill a police officer." She also turned to Clardy's wife and said, "I’m so sorry for your loss but my son did not intentionally kill your husband."
The State brought Chris Hines back to testify about prior charges.
State key points:
- Focuses on the aggravated factors within the case
(Created a great risk of death using a “machine gun” )
- how we treat our police vs. how we treat criminals
- right a just to execute people who do things against the law
- no defenses just excuses
- forgiveness can come from the Clardy family
- focuses on Browns choices
- only mitigating fact is he didn’t know he was a police officer
- stress/anxiety the STAC team faces
- good vs evil
- Brown was coming to Huntsville
- Billy has been serving his whole life (served in Iraq)
- police are just like us
- his choices equal consequences
Quotes:
“The police are the bedrock of the society.”
“Their job is to take the risk so other people don’t have to. That risk was Billy Clardy.”
“If this was going to happen he was going to be the one to do it.”
“Billy Clardy was a hero because he was nobody special.”
“Billy didn’t want to get shot but he was willing to get shot.”
“He didn’t make a mistake he made a choice.”
“The easy choice is to give him life without parole, don’t make the easy choice make the right choice.”
“The choices he’s been making and has been making is what led him here.”
“Sometimes life without is not enough. Sometimes there’s something extra that requires more.”
“The right feeling is never the easy thing to do.”
“Justice requires we do difficult things.”
“This is the perfect contrast between good and evil.”
“Justice must be served. That’s it.”
“It’s an easy call.”
“Not once has he taken responsibility for what he’s done.”
“There’s no coming back from watching your friend die in front of you.”
“Thankful he was surrounded by his brothers.”
“He made his living feeding off the addiction of our citizens.”
“He’s not going to stop. The only way he stops is if we stop him.”
“It takes a lot of work to get to where he is.”
Defense key points:
- focuses on the impact the case has had on the family
- death penalty is always the worst choice
- Brown didn’t know it was a police sir (reemphasizes that this can now be used to determine the penalty
- darkened house where police never announce themselves
- who gets the death penalty and who doesn’t (focuses on race)
- most death penalties are imposed on people of color
- forgiveness=opposition to the death penalty
- used past death penalty cases as examples
Quotes:
“Grief and sorrow experienced by both sides has been caused by my client.”
“I firmly believe that his heightened sense caused him to not know they were police officers.”
“This barbaric practice is the law but not a good law.”
“Isn’t life always the better choice. It has to be. How could it be anything else.”
“Most death penalties are imposed on people of color. Tell me how that’s fair.”
“I don’t understand how giving a man a death sentence makes this better.”
UPDATE (10/30): The jury broke for the day at 4:00pm without a verdict and will resume deliberations on Tuesday, 10/31.
UPDATE (10/27): Jury deliberations are underway. FOX54 News will bring you updates as they are available.
No verdict after a day of deliberations for the jury.
This morning, the jury had a question on hearing the description of capital murder and inference on intent. The judge slowly went through each element of capital murder and clarifying definition questions within the elements. Judge asked the jury if they needed a refresher on the lesser charges and the jury said they didn’t.
UPDATE (10/26): Day 2 of the trial of LaJeromeny Brown, accused of killing Huntsville Police officer and STAC agent Billy Clardy III is underway. FOX54 News will bring you ongoing coverage as the case proceeds.
Closing Arguments at have finished and the judge is giving instructions (charges) to the jury.
Specific charges:
1 count of capital murder: intentional murder of an on duty police officer intends to kill
- element 1 Billy Clardy is dead
- element 2 defendant caused murder
- element 3 intentional
- element 4 on-duty police officer
(Only considered if not guilty on capital murder) felony murder: commits another felony while putting people in danger
- element 1: Billy is dead
- element 2: committed or attempted to commit another felony dangerous to human life
- element 3: cause death by shooting
(Only considered if not guilty of capital murder or felony murder) manslaughter: causes death of another person due to sudden heat of passion
- element 1: Billy Clardy is dead
- element 2: caused death by shooting
- element 3: killed intentionally
- element 4: caused death by sudden heat of passion
All elements must be proven in order to come to a guilty charge
During closing arguments the main points of prosecution:
- Began with a picture of Billy Clardy
- Not done until the truth fits all of the cracks
- The goal was to avoid the police.
- Shows the contents in his wallets including, gun store business cards, his different licenses.
- Showed agents deans body cam footage again.
- Only 11 seconds between the moment Agent Dean says “he’s in let’s go” and the moment Clardy is shot.
- 8 shots fired.
- Two burst of fire.
- He knew they were police.
- Charged with capital murder, have to prove intent but intent can be formed in an instant it doesn’t have to be premeditated.
- He lied about trying to buy a house under someone else’s name.
- He walked into that house ready to shoot someone.
- He walked in ready to to shoot if things didn’t go his way.
- He thinks he’s the smartest guy in the room.
- This is a guy who knows his guns. This is not a guy who’s not prepared.
- Billy was the second set of shots.
- Bullets don’t leak out of guns - he had to clear the weapon while he was running.
- If you thought you were being robbed you wouldn’t drop the gun.
- There’s not much of a defense here, I mean they tried but there’s no defense here.
- It’s almost insulting to say this situation is the police’s fault.
- He wanted to know what Hines knew so his story matched the charge.
- His apology wasn’t an apology it was something a publicist wrote.
Defense closing arguments main points:
- First thanked Jury for their service including special shout out to the alternates.
- Thanks his defense team.
- The number of lawyers is shrinking. Because the pay is low. High stress job and nothing but work.
- Everyone is qualified for a jury trial and qualified for representation.
- Talked about the things the jury is allowed for consider elements of capital murder, felony murder, manslaughter.
- Encourages jury to be instructed on law if they are unsure.
- Capital murder is intentional murder.
- Defendant must have intended intent to kill.
- Felony murder: inherently dangerous activity in which death occurs.
- There’s a $65,000 deal going on to keep him on edge. Even the police officers were on edge.
Quotes from defense:
- At no time did anybody on my team suggest to Mr. brown what to say to you. It’s not in my nature. Anyone who knows me knows that.
- Mr. Brown told you today what he told me.
- How can you represent those people. Because those people can be anyone of us under the right circumstances.
- Mr. Brown reacted to the situation as he described.
- The law says my client is instilled to rely on what he perceives.
- It doesn’t matter what is in fact true as long as he’s belief is reasonable.
- Nobody there identified themselves as police.
- I keep thinking to myself what a tragedy. I can’t imagine what it would be like to lose a husband or a father.
- I don’t believe that Brown was faking his remorse .
- I didn’t tell him what to say. He just said it.
- I am here asking you to let him walk out of here willingly. I am asking you to consider that under these circumstances you may not be convinced under a reasonable doubt my client is guilty of capital murder.
- I am the first one to admit he’s guilty of something.
- Now talking about his divorce and flipping houses
- Comparing his experience with his father having Alzheimer’s and his mother having the power to turn off his life support to the jurors having to make this decision with reasonable doubt
- Listen to the law on capital murder and consider if state has showed the specific guidelines
- I ask you to find my client not guilty of the capital offense
More from the prosecution:
- Puts Billy Clardy's picture back on screen for jurors
- Not the type of person on the street corner
- Couldn’t chase him in a car during rush hour
- The planned changed and it was nothing they could do about it
- Two shots towards the other side of the room six towards Billy
- If he intentionally shot Billy it’s capital murder
- If it’s not capital murder that means he didn’t mean to shoot Billy
Quotes from the prosecution
- This man is the reason the STAC team exists
- This is the fastest shooting gun Brandon Best has ever held
- He’s [Brown convicted felon. He’s not allowed to have a gun anywhere.
- The STAC team tried to do it right.
- He’s in a car with 100 pounds a weed driving around with a machine gun.
- We can infer intent because he shot Billy 3 times.
- His story doesn’t make any sense at all
- If you believe what he says ‘I saw a shadowy figure coming and I shot him’ then you believe this is capital murder.
- When you’re dealing with someone of his nature it doesn’t matter (Brown shakes his head).
- The law is written for people like him and to protect people on the STAC team that do this type of work.
- He (Billy) doesn’t get the benefit of being a criminal
- Whether he feels bad or not has nothing to do with the law. His feelings doesn’t change whether he broke the law.
- Billy Clardy was doing his job that day
- He’s was trying to make an arrest, he was trying to protect the community, he [Brown] has to be held accountable
- He has to be held accountable for the blood on this vest (points to bullet proof vest).
Afternoon Testimony:
Lajeromeny Brown took the stand. Excerpts from his testimony:
Browns says he met Fred through a “cannabis acquaintance”
Talking about his previous charge where he was charged for distribution of cocaine
Browns says, “Fred told me Mo or Morris wants to purchase 3 pounds of cannabis”
Brown says, “Morris said if my people like it I will be getting more” referring to the 100 pound purchase.
Brown says, “Fred was rushing me saying his people were rushing him”
Brown said he needed an address and it was not his idea to need a house as STAC members previously testified
Brown says when he got to the street he found it odd that most of the houses were abandoned
B: Fred tells Brown he was eating and he would send Mo (Morris) out.
Defense: Is it legal to carry a gun in Tennessee?
Brown: It’s not legal but it’s not a strict liability.
B: ‘I walked in a saw it was dark and trash everywhere so I said 'What the hell is this'. I was very nervous”
B: “No I’ve never seen the face or vest of the person I only saw a silhouette of a person with a gun”
B: “Not only did I see a firearm he was moving really fast and once he stepped over the threshold and that’s when I reacted”
B: “I thought they were trying to kill me and rob me for the cannabis”
Brown says “to the Clardy family I’m deeply sorry. If I could take it back I would. Brown breaks down while apologizing to Clardy family. “I know my mother would be broken if it was me”
Cross examination proceeded after a lunch break.
Prosecution: You never knew he was police.
Brown: No he never said anything.
P: Where did you get the marijuana
B: Consignment in Colorado
P: You seem to be a guy who knows a lot when it comes to the legal line of THC
Brown went into details on how many states you can have legal marijuana, medical marijuana, and recreational. He said Hector Alonzo put the modification on the gun. Hector told Brown, “You want a switch on your Disney” referring to how he got the switch on his gun
Prosecutor: You didn’t want to get in trouble right
Brown: I mean no one wants to get in trouble
P: Today you are telling us you shot someone.
B: Yes
P: Back then you said I didn’t shoot nobody
B: Yes
P: So you were lying back then
B: No
P: What is the estimated street value of cocaine
Defense objects due to relevance
Judge overrules
Brown: If Clardy would’ve announced himself I wouldn’t have reacted the way I reacted
P: It’s not the fact that he was there it was the fact that he had a weapon right
B: Yes
P: You didn’t fire just one burst you fired two burst
B: No just one it actually surprised me that it let go like that so I pulled up off the trigger
P: Why did you drop your gun
B: Cause I didn’t want it
P: So you see someone chasing you you claim you are fearing for you life and you just throw your gun
B: I just didn’t want it
P: How did he get shot in the back
B: Ima ask you that same question
P: How long did it take you come up with your story
Defense objects
Judge sustains
Prosecutor: You didn’t tell them you thought you were getting robbed
Brown: No I was told everything I said would be used against me and I had the right to remain silent
State ends cross, no redirect
Morning Testimony:
Testimony began with state witness Dr. Valerie Greene, who performed the autopsy on Clardy. She said the first bullet went through Clardy's heart and lungs, causing his death. On cross examination, Greene said that there were only two entrance wounds. Cross was brief, only asking about the direction of the bullets in which they entered the body.
Next state witness was Angela Fletcher, who performed DNA analysis. She swabbed the guns for DNA and collected swabs from Clardy and Brown. The major DNA present on the gun is Hector Alonzo. More than one person's DNA was detected. There was a limited sample that could not matched with the swabs given. Many officers testified that they saw Brown with the gun; however the DNA present was limited and could not detect Brown was holding the gun. Fletcher testified that she could not say if Brown had the gun or not. No cross examination for Fletcher.
Brandon Best with Forensic Sciences was up next. Best looked over 9mm Glocks and said one is a Gen 5 and one is Gen 4. The “sear” is the technical term for the after market modification on Brown's gun that turned his semiautomatic Glock to fully automatic. Best said, "“Shooting this was the fast automatic weapon I’ve ever fired." Best says the switch can be fully automatic one minute the can go back or “switch” back to semi automatic and jam. No cross examination for Best.
Next witness was Huntsville Major Crimes Investigator Chris Hines, Homicide investigator for the Clardy case. Hines read Brown his rights. The jury watched Hines's initial interview with Brown. In it, Brown claimed to lease the vehicle but it was registered to his mother Alma Applebet [sp?]
Excepts from the interview:
Brown: “to the Clardy family I’m deeply sorry”...“If I could take it back I would”
Brown: “I thought they were trying to kill me and rob me for the cannabis”
Brown states “Not only did I see a firearm he was moving really fast and once he stepped over the threshold and that’s when I reacted”
Brown says “No I’ve never seen the face or vest of the person I only saw a silhouette of a person with a gun”
Brown says when he got to the street he found it odd that most of the houses were abandoned
Brown said he needed an address and it was not his idea to need a house as STAC members previously testified
Brown initially said he didn’t talk to anyone and was in Huntsville looking at homes to move into
Hines followed up on Hector Alonzo DNA lead
Hines “Obviously one of the three people needed up getting shot”
Brown: “I guess”
Hines: “Then you ran?”
Brown: “I was running from the bullets”
Brown: “I didn’t shoot him”
Brown: “someone started shooting I don’t know who it was”
Brown: “I keep repeating myself so now I don’t want to talk about it”
Brown repeats “I don’t wanna talk about it” over Hines asking questions
Hines: “You can get charged with murder or capital murder”
Brown: “Why murder I didn’t murder nobody”
Brown: “He was a police officer are you serious?”
Brown seems to have empathy he was asking how many kids Clardy had.
Hines told Brown he was charged with capital murder
Brown: “How am I being charged with capital murder when I didn’t kill anybody.”
Brown: “Before you told me I had two options murder or capital murder so what was your determination”
Hines: "You killed a police officer that’s a capital murder charge."
Brown: "But if it was always an officer killed why did you give two options?"
The interview contained a kind of back-and-forth on this subject.
No cross examination. The state has rested.
Defense asks to remove capital murder offense being that there was not an intent to kill
Judge denies defense motion
Brown will testify. He just talked to the judge to clarify he knows he doesn’t have to testify or take his attorney's advice to not testify and he said he wants to testify.
UPDATE (10/25): The trial of Lajeromeny Brown, accused of killing Huntsville Police officer and STAC agent Billy Clardy III is underway. FOX54 News will bring you ongoing coverage as the case proceeds.
Testimony resumed after a midday break.
Witness John Daly was part of the takedown team. Daley said he saw Brown point the weapon at Snipes's vehicle and later recovered Brown's gun. When cross-examined, he was asked if he saw Brown fire the weapon and he said, "No."
After Daly, Douglas Pennington testified. He was the supervisor on the case and approved the opps plan. He put pressure on the bullet wound while Dean performed CPR. Pennington also helped carry Clardy to the car. The family of Clardy shed tears each time body cam footage was shown. Very emotional day. The defense had no questions for Pennington.
Witness Steven Martin was the crime scene investigator for the case. The jury looked at 945 pictures of crime scene photos. Martin showed where the bullet defects were in Clardy's bulletproof vest and that Brown's gun had a switch in it which can turn a semiautomatic weapon into a fully automatic weapon, a modification he made to the gun. All 100 pounds of marijuana were brought into the courtroom. The defense did not cross examine Martin.
The next witness was FBI Special Agent Andrew Edwards Stark. He examined digital evidence for the case and examined two cell phones from Brown. Stark showed messages from Brown to CI "Bid Fred" along with selfies from Brown's phone. Brown also had a fake ID in the name of Larry Kidd.
Testimony ended shortly after 4:00 p.m.
Earlier:
In its opening statement, the prosecution said that, "The case is pretty straightforward and simple," and that it will take about two days to show all the evidence, including that Brown had a modified weapon that when you press the trigger all the bullets come out until you release the trigger, and that, "At the end of the day what he did is going to be pretty clear."
The defense opening statement was brief, that it will, "Hold the state to their burden."
STAC Agent Joseph Dean was called to the stand and said that a CI helped police set up the initial buy of three pounds of marijuana that led to the 100 pound buy. Agent Thomas Morris was the 3rd party Brown sold to the first time and the second time where Clardy died. The plan was to have Brown pull up the the house in his truck and then get him as far away from the truck as possible and take him down outside the house. The vacant house was arranged for by the real estate wife of Clardy. Everyone was wearing a police marked bulletproof vest except Morris.
Dean broke down when he described Clardy going down and said that he was "doing anything I could to save his life."
Bodycam footage is being shown.
Cross examination underway. CI known as "Big Fred". In earlier testimony, it was stated that he has drug charges and was helping Huntsville Police. Fred had trafficking cocaine and trafficking heroine charges. The first buy of three pounds took place in the Parkway Place Mall parking lot.
Defense is asking about surveillance on the outside of the house since they lost sight of Brown once he came to the doorstep. Dean says Brown parked in front of the house then drove across the street and park in a field then he came back and parked in front of the house. Defense is questioning how Dean handled him coming to the house. Defense: “You couldn’t abort the plan”
Dean: “Abort a plan where the suspect brings 100 pounds of marijuana to Huntsville? No that doesn’t work”
After this, the prosecution reexamined the witness to clarify details and released him.
Next witness is STAC Agent Tommy Morris, who was undercover in this case. He was in the front seat of the car with Billy [Clardy] in the back. Morris said he did not hear a know but only heard Brown open the door.
Next witness is STAC Agent Bradley Snipes, who was surveillance for the first 3 pounds deal. He was surveillance and take down for the 100 pound deal. Snipes chased Brown, who was running, in his car, then chased him on foot once he believed he was close enough. Snipes took brown into custody. Clardy was loaded into Snipes's vehicle. Bodycam footage from Snipes was shown.
UPDATE (10/15): Jury selection is expected to begin Monday in the trial against LaJeromeny Brown, the man accused of fatally shooting a Huntsville Police drug squad agent.
Previous coverage continues below.
Attorneys for accused killer LaJeromeny Brown successfully lobbied a judge to give them information about a confidential informant connected to the sting operation that allegedly led to the death of a drug task force member.
At a hearing held in a Madison County courtroom on Thursday, defense attorneys argued that the information of the confidential informant(s) name and address would be needed, should that informant have information about the deal that could be useful for Brown's defense. They were granted these pieces in information; however, they initially asked for much more, including interviews with the confidential informant, deals, notes, "uncharged misconduct", and criminal records.
Brown is next scheduled to appear at a status conference on October 4, with trial due to begin October 16.
Brown was indicted in August 2021 and charged with capital murder in the December 2019 death of Huntsville STAC agent Billy Clardy III during the undercover operation at a home on Lavert Street. Investigators say Clardy died from a gunshot wound to the heart, just beyond the protection of the bulletproof vest he was wearing.
STAC is a task force combining the efforts of Huntsville, Madison, and Decatur city police departments, the Madison County Sheriff's Office, and the Madison and Morgan County district attorneys.
Clardy was a 14-year veteran of HPD whose father was also killed while serving HPD in 1978. The younger Clardy had an extensive list of awards and commendations earned during his career.