By Sherri Blevins
[email protected]
JACKSON COUNTY, ALA. – Jerry Carl Hicks, Jr. is a free man after the Jackson County Court agreed with Hicks’s claim that he killed Aaron Morris Nix in self-defense and, therefore, he should be immune from prosecution.
Hicks’s lawyers requested a “Stand Your Ground” hearing to present their client’s defense. In this type of hearing, the presiding judge hears the evidence from both sides and then makes a ruling on whether the case meets the criteria for the “Stand Your Ground” verdict.
The Ala. Code 13A-3-23 states the following:
(a) A person is justified in using physical force upon another person in order to defend themself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonable believes to be necessary for the purpose. A person may use deadly physical force and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (5) if the person reasonably believes that another person is (1) Using or about to use unlawful deadly physical force.
(d)(1) A person who uses force, including deadly physical force, as justified and permitted in this section is immune from criminal prosecution and civil action for the use of such force unless the force was determined to be unlawful.
(2) Prior to the commencement of a trial in a case in which a defense is claimed under this section, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether force, including deadly force, used by the defendant was justified or whether it was unlawful under this section. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.
According to court documents, the incident occurred on April 7, 2023, when Hicks, his wife, and six-year-old son went to LaCabana Restaurant in Scottsboro for supper. Hicks and his family were seated in a booth in the uncrowded restaurant. Hicks testified that he drank sweetened iced tea and that he did not consume any alcoholic beverages that day.
The documents went on to say that sometime later, Mr. Nix, his sister Valarie Snodgrass, and her boyfriend Bristen Baker went to LaCabana to pick up Ms. Snodgrass’s daughter, who worked at the restaurant. Mr. Nix entered the restaurant twice; the first time to buy tea for himself and his companions, and the second time to use the restroom.
While the Hicks were having dinner, their son needed to use the restaurant twice. The first time he was accompanied by his father, the second time he went alone. The documents state that on Mr. Nix’s second visit inside when he went to the restroom, on exiting he came out “yelling” at Mr. Hicks and his family. Hicks stated, “ A man walked out of the restroom, and he was screaming. He said, ‘Who let’s their _ kids go to the bathroom by theirself?’ and that drew my attention.” He added that Nix walked towards his table and he asked him what was going on. Nix didn’t answer him but kept walking. Eventually, the family went to the cash register to pay the bill. Mr. Nix was in the area talking or yelling to someone in the kitchen. Mrs. Hicks decided to take her son and go onto the car leaving Mr. Hicks to pay the bill. After paying the bill, Hicks stated that he walked out of the restaurant slightly before Nix and headed to his car, but Nix also followed him to his car instead of his own. An altercation occurred between the two. Hicks testified that Nix was chest bumping him and spitting in his face. He told him to go to his car, but he didn’t. The two continued to argue. Officer Bailee Johnson with the Scottsboro Police Department testified that after being arrested, Hicks told her that Mr. Nix yelled at him for letting his son go to the bathroom by himself, that Mr. Nix hit him three times before the shot was fired. During the hearing, Hicks also stated that once they were both outside the restaurant, Mr. Nix went directly to the Hicks vehicle instead of walking to his vehicle. He asked him “why he was coming to my vehicle,” and Mr. Nix answered, “I can do whatever the I want to do.” Almost immediately, Mr. Nix punched him in the face and head with a “round-house punch.” He said, “It was pretty quick; He hit me three times even before I knew what was going on.”
Hicks testified that after Nix hit him, he told Nix, “Man, back up. Go on. I have a gun on me.” I said, “Leave me alone.” Hicks added that Nix’s sister started yelling at him telling him, “Come on, Aaron. He’s got a gun. Leave him alone. Quit.”
Hicks said then Nix reached toward his waistband pocket area. That was when Hicks pulled out his firearm and fired on him one time. Nix turned and walked away. Hicks went inside and called 911 and reported what happened.
After hearing testimony from several witnesses called by the defense, and one witness called by the prosecution, Mr. Nix’s sister, Ms. Snodgrass, the judge ruled in favor of Mr. Hicks.
