New Details Revealed in Wayne Mills Murder Trial Early Motions (#1)
This story has been updated
Today (3-2-15) is the beginning of the 2nd Degree Murder trial of Christopher Ferrell in the shooting death of Wayne Mills in the court of Judge Steve Dozier in Nashville. Though Monday is to be primarily focused on jury selection, in pretrial motions before jury selection, some previously-unknown details about the case were revealed to the public, along with some of the stances the defense is likely to take in attempting to prove Chris Ferrell acted in self-defense. We also learned about some of the witnesses likely to be called in the trial.
Country music artist Jamey Johnson was in the gallery during the pretrial motions. Johnson was a close friend of Wayne Mills. The names of Blake Shelton and Miranda Lambert were also brought up briefly by the defense. Defense attorney David Raybin was concerned what the jury might think if either of these well-recognized stars walked into the courtroom and sat on the prosecution’s side. Both Shelton and Lambert have publicly supported Wayne Mills online through the investigation, and Blake Shelton was a friend of Mills. For the pretrial motions on Monday, only one individual was seated on the side delegated for friends and family of the defense, while the other side of the gallery was 2/3’rds full, including with Wayne’s widow, Carol Mills, and other family.
The defense let it be known they only intend to call one primary witness beyond Chris Ferrell himself—former police detective and private investigator Larry Flair. Mr. Flair was hired by the defense to investigate the crime scene after police, and found an extra bullet missed by investigators. The defense also said they reserved the right to call any of the prosecution’s witnesses. The prosecution made an attempt to block the defense from being able to call private investigator Larry Flair, or allow him to be only able to testify on certain matters. During the discussion, the defense explained that Mr. Flair would only be used to explain specifics of the crime scene, not the self-defense stance defendant Chris Ferrell has taken.
READ: The Wayne Mills Murder Trial A Complete Preview
Also during pretrial discussion surrounding Mr. Flair, new details of the shooting were revealed. According to defense attorney David Raybin, there were three shots fired at Wayne Mills, the third striking the country music artist in the top of the head accidentally. Mr. Raybin claimed that Wayne Mills was screaming threats and obscenities at Chris Ferrell, and threw a glass, shattering it. In response, Chris Ferrell took out a .22 pistol, firing three times, trying to avoid Wayne, but trying to scare him off the premises. After the first two shots embedded into the wall, the third shot struck Wayne Mills as he turned to flee. Defense attorney Raybin says Mills’ height of 6’4″ put him where he was “in the way” of a bullet meant to go over his head.
Mr. Raybin’s comments were not testimony in the trial. They were simply an explanation of why private investigator Larry Flair should be allowed to testify. In the end, Mr. Flair was cleared to testify.
Mr. Raybin also alluded to the fact that Wayne Mills and Chris Ferrell had been together earlier that day at the Full Moon Saloon in Nashville—not far from both The Bridgestone Arena where the George Jones tribute was held, and the Pit & Barrel bar owned by Ferrell where the murder occurred.
It was also revealed that Jamey Johnson, along with Wayne’s widow Carol Mills, are expected to be called as witnesses by the prosecution. As soon as jury selection was ready to commence, Jamey Johnson was asked to leave by the prosecution, making it likely he will be called to testify. Johnson played numerous shows with Wayne Mills leading up to the night of the killing.The defense attempted to call into question Carol Mills’ presence for jury selection, but since it was her spouse that was killed, the Constitution allows her to be in court for all proceedings.
The prosecution also attempted to block the defense from being able to bring up how Chris Ferrell wore a bulletproof vest after the shooting because of the numerous death threats he received. There was also discussion about how potential charges may have come up in a police interview with Chris Ferrell after the shooting, whether it should be considered 2nd Degree Murder or Manslaugter, and the prosecution was vehement this should not be part of the case.
Jury selection then began in earnest.
READ: Jury Selection in the Wayne Mills Murder Trial Becomes a Marathon (#2)
March 2, 2015 @ 11:55 am
We are still in the latter stages of jury selection. At one point it appeared the trial would begin after a lunch recess, (and one of the court personnel told me as much) but first the defense is taking their opportunity to address the potential jurors.
March 2, 2015 @ 12:42 pm
Kyle, can’t thank you enough for reporting on this. Wayne was a much loved man throughout TN, FL and AL of course…as well as elsewhere. The folks at the Flora Bama are especially grateful to you for reporting on this.
March 2, 2015 @ 1:01 pm
Court went in recess at about 1:20 and will re-convene about 2:20. There may be additional updates tonight. Some important things have come up from the defense in the jury selection process.
March 2, 2015 @ 3:36 pm
Thanks for keeping us posted Kyle. Yeah, “his 6’4 stature puts him in the way of a bullet moving into the back of his head,” really, is that the defense? Sounds like his attorney is either on our side, or simply cannot come up with a defense. I understand, I mean, how do you defend someone who shoots a man in the back of his head.
March 2, 2015 @ 4:19 pm
Please understand these were just pretrial statements. Opening statements haven’t even been made. I wouldn’t characterize this as the totality of the defense. However it does offer some insights into the facts, and one of the positions the defense might look to take.
March 2, 2015 @ 1:35 pm
He was “in the way of the bullet”? That’s their damn defense? What a crock.
March 2, 2015 @ 6:23 pm
That was what I was thinking. It was Waynes fault because he is over 6 foot!!!! GIVE ME A BREAK!!!! If that’s all you have…
March 2, 2015 @ 4:16 pm
Thanks for the write up.
Just a few points, I’d add as a lawyer (albeit corporate, not criminal)
I assume the reason that Johnson would testify is that because Ferrell is claiming self defense, he will introduce character evidence that Mills was violent.
This allows the prosecution to offer rebutting character evidence that Mills was generally peaceful, which is what I would guess Johnson would testify to.
Re: your point in the last article about Ferrell’s other charges being used against him, I would seriously doubt that they’d be admissible
Under Tennessee’s rules of evidence, http://www.tncourts.gov/rules/rules-evidence/609
Only a conviction for a felony or misdemeanor involving dishonesty (e.g. embezzlement, fraud etc.) can be used. So having dismissed suspended license charges or or pending domestic violence charges will not count.
As for whether he has “anger issues and a gun fetish,” generally the prosecution cannot bring up character evidence that the defendant is violent or angry.
However, if the Defense argues that Ferrell is a peaceful, non-violent person; then the prosecution can rebut it.
March 2, 2015 @ 5:01 pm
Hey Mike,
Thanks for the insight. Obviously, I’m not a lawyer, so feedback and insight from those in the law field are encouraged.
March 2, 2015 @ 4:35 pm
I agree with Todd! Your coverage of this story is greatly appreciated. I’ve come to rely on SCM for honest and accurate information on this case. I think I can safely speak for the entire Flora-Bama family when I say THANK YOU for carrying this torch sir. It means more than you know.
Todd, I hope to see you and your sweet girls back down here soon! An open invite to you as well Trigger!
March 2, 2015 @ 5:08 pm
Well crap, knew this was coming. Still kills me that it took Wayne dying for me to hear about him and start listening to him.
As Deniro kept saying in “A Bronx Tale”, “wasted talent”. So sad that his family lost him over something that could have easily been avoided. So sad that we lost such a talented musician.
Thoughts to his family and all that knew him and the fans that had seen him live. . Consider yourselves lucky.
March 2, 2015 @ 5:08 pm
Hi Trigger
Who is Wayne Mills?
March 2, 2015 @ 5:42 pm
http://en.wikipedia.org/wiki/Wayne_Mills_(singer)
The last part of that wiki article seems to be trying to portray a negative picture of him though. They were at a bar; of course they were drinking and the amphetamines are probably more likely due to a prescription of his.
March 2, 2015 @ 5:45 pm
Thank you Joshua.
March 2, 2015 @ 9:29 pm
Yea, no problem bud. If you search for Wayne Mills on this site you can read all of Trigger’s articles about this situation from when it first happened till present and get a good sense of what’s going on. Are you new to SCM?
March 2, 2015 @ 10:02 pm
yes I started writing comments 2 weeks now, but I read this site since 2013.
March 2, 2015 @ 10:09 pm
I’ll go on youtube and listen to Wayne Mill’s music.
March 3, 2015 @ 3:38 am
Surprised this didn’t happen sooner! Ive seen WM so high on cocaine before it was sad! Oh and remember not long ago he was arrested for driving under the influence, aggravated assault, leaving the scene of an accident, violation of the implied consent law and failure to obey Tennessee”™s move over law. At one show he was so messed up popping pills, drunk and asking for cocaine, he even had the nick name “Cocaine Wayne” He was no saint and had a temper, booze and amphetamines don’t mix, if he had a legal prescription for Adderall he had no business mixing it with alcohol, mixing a CNS stimulant with a CNS depressant is plain stupid, thats what killed people like John Belushi and Chris Farley, mixing drugs like coke and heroin a CNS stimulant and a CNS depressant can and will kill you and makes a person do strange things like become overly aggressive. If the owner of a business asks you not to smoke in his or her establishment and you defy that and become violent you pay for it, WM did with his life by being an a-hole like he was so many times in the past. He was notorious for getting high on cocaine, pills, pot what ever he got his hands on! I bet there will be some interesting information come out in this trial and the defendant wont be convicted of second degree murder, possibly manslaughter maybe an acquittal.
March 3, 2015 @ 8:18 am
You sir, are a JACKASS and your ASS is what you’re talking from. There was so little methamphetamine in his body that it didn’t appear he had consumed any at all while out that evening and he wasn’t JACKED up on anything. He was however beaten badly and shot from behind by a dude who has an INFAMOUS reputation for an outright uncontrollable anger and while claiming self defense and trying to just scare someone away, didn’t appear to have a scratch on him. I’ve seen both Wayne and Chris mad personally. One, I could easily believe capable of losing grasp of his violent temper and killing someone. One, I would not. I think you can figure out which is which. Perhaps I should clarify though. I am speaking to someone who, in 2015, actually typed the word “DaWg”.
BTW, if you want to point at a past arrest as somehow being proof that a man got killed and it was his own fault, then how about just as fairly putting it out there that there that the man who admittedly killed him was arrested just months before for beating up on a woman? With your lack of value of life, I hope YOU don’t own guns.
March 3, 2015 @ 8:41 am
Everyone just please understand that with the sensitivity of this story, I’m going to do my best to keep conversation civil and respectful. If folks don’t follow this request to keep things respectful, then comments could be edited or deleted. The comments section can also be closed. Feel free to give your opinion, but please keep it respectful, relevant, and let’s try to minimize incessant back and forths.
Thank you.
March 3, 2015 @ 4:12 pm
C-DAWG.. You obviously have no clue who you are speaking of when you speak of Wayne, he is/was an amazing person. I have served him many of times while he played his gig, yes he has gotten drunk and stayed after hours… But those after hours were always filled with fun and laughter, jokes. The only time I’ve ever seen him even slightly show any anger is when one of our waitresses were being harassed and he stopped his song and pointed the guy out and made sure the harasser was escorted off of our premises before he continued playing. So your statement is completely false.. Everyone’s entitled to their opinions but before you speak of someone so completely gentle, loving, and caring make sure you get your “facts” straight. And by your name ‘C-DAWG’ you are obviously a friend of Chris’ and any family, friends, fans, anyone who TRULY KNOWS Wayne knows that you are for sure speaking out of your ass and you are truly ignorant.
March 5, 2015 @ 8:40 am
undoubtedbly you were the one person sitting on the murders side of the court!
March 3, 2015 @ 4:23 pm
If Ferrell was trying to scare Wayne off and was shooting at the top of the door frame why was the bullets path was back to front, left to right, and DOWNWARD??
March 3, 2015 @ 4:40 pm
Thank you for sharing with is Bama folks about the court details. My heart is forever broken to loose Wayne this way. He was honorable!! I’ve known him since he was a teenager and he didn’t have an evil bone in him. Human and like all of us maybe a few too many beers in a night but no one deserves to die like this!!!!
My heart goes to his son I pray if he ever reads all these idiots that have opinions but didn’t know his daddy from the hole in the ground will not tarnish the real image of his father. Wayne was a solid dude and was a good man!!! I hope this sorry no good whatever gets his fair jury and court trial and in the end spends his life behind bars regretting taking out a good man…and realizes no matter what he will answer in the next life for it.