Appeals Court orders new trial for former Henderson Co. Sheriff Ricky Lunsford

JACKSON, Tenn. — Late Friday evening, the Tennessee Court of Criminal Appeals handed down its decision in the appeal by former Henderson County Sheriff Ricky Lunsford.  The court ruled there was a error by the trial court, resulting in the conviction being thrown out and a new trial ordered.

Lunsford was convicted in December of 2013 by a Madison County jury.  Three months later,  he was sentenced by then-Circuit Court Judge Nathan Pride to six years in prison for using a firearm in the commission of a felony and three years probation for attempted voluntary manslaughter.

The appeal ruling comes exactly four years to the date from the alleged crime, April 29, 2012.  Investigators said Lunsford opened fire on his wife in the parking lot of a west Jackson bar after the two got into an argument.  She was not hit.

Immediately after Lunsford’s conviction, his attorney Mark Donahoe filed an appeal.  He alleged there were four areas where the trial court erred:  1) failed to properly instruct the jury; 2)  excluded an email from the defendant to the victim about the decline of their marriage;  3)  prevented the defendant from testifying about the victim’s prior aggressive tendencies; and 4)  excluded evidence of the victim’s prior domestic assault charge.

The appeals court found evidence in the first complaint, the trial court failed to properly instruct the jury.

Their conclusion read:  “In accordance with the foregoing reasoning and authorities, we conclude that the trial court committed reversible error when it failed to instruct the jury on self-defense, which was fairly raised by the proof.  Therefore, we reverse the trial court’s judgement and remand the case for a new trial.”

According to Donahoe, prosecutors now have 30 days to ask the Tennessee Supreme Court to review the case.  Any new trial will be held in Circuit Court Judge Kyle Atkin’s court.  Donahoe said he believes any new trial would be held toward the end of this year or the beginning of 2017.

It is unclear who might handle the prosecution.  The original case was lead by a special prosecutor, Gus Radford.

Lundsford has remained free on bond throughout the appeals process.