A jury of six men and six women recommended and Eighth Judicial District-North Circuit Judge Randy Wright sentenced Michael Dewayne Gulley, 34, to life imprisonment without parole, plus a total of 45 years imprisonment on other charges Thursday in the shooting death of a Prescott woman and the shooting of another man.
The Nevada County jury retired to deliberate the sentencing phase of the case about 2 p.m. Thursday, after Gulley had been found guilty Wednesday of capital murder in the June 7, 2009, shooting of Amy Smith, 24, of Prescott, and guilty of attempted first degree murder in the shooting the same day of Naaman Fitzmorris Moss, 29, also of Prescott. Jurors returned with a sentencing recommendation about 5:30 p.m.
Wright polled the jury and it was determined that three jurors had wanted to sentence Gulley to death for the killing of Smith, but the majority of the jury chose the only other option of life imprisonment without the possibility of parole. Wright accepted that recommendation.
The jury recommended a sentence of 30 years imprisonment on the attempted first degree murder charge related to the shooting of Moss. Eighth Judicial District-North Prosecutor-elect Christi McQueen said that was the maximum recommendation the jury could make on the charge, and Wright accepted it. The jury also assessed the maximum fine possible of $15,000 on the charge, McQueen said.
She said the jury also recommended a 15-year firearm enhancement to the first degree attempted murder sentence, and Wright imposed the attempted first degree murder and firearm sentences to be served consecutively to the life imprisonment sentence.
McQueen said the courtroom remained quiet during the sentencing proceedings after Wright had admonished family members and the gallery to refrain from any public display during the verdict proceedings Wednesday.
“We are pleased with the conviction on the capital murder charge and pleased that the defendant will be where he cannot harm the people of Nevada County again,” McQueen said Thursday evening. “From my perspective as a prosecutor, we had jurors who gave their time and attention, their full service and attention, throughout the full trial process, and we are very appreciative of that.”
McQueen said much of the case against Gulley turned on the testimony of three eyewitnesses who were attending a barbecue across the street from the Martin Place II Apartments unit where Smith resided on June 7, 2009. She said testimony during trial demonstrated that Gulley parked his car, got out and went to the window of the apartment, where he fired a handgun through the window, shooting Smith and Moss.
Both were airlifted to Texarkana for medical treatment, where Smith later died.
Gulley surrendered to the Nevada County Sheriff's Department on June 9, 2009, in the company of his father, after a two-day manhunt. He was immediately arraigned on one count of capital murder and one count of attempted capital murder, eight counts of terroristic threatening and one count of illegal possession of a firearm, and jailed without bond.
