By Bonita Wilborn
SCOTTSBORO – On Thursday, October 12, 2023, a Stand Your Ground Hearing was held before Judge John H. Graham in the murder case of Aaron Morris Nix, who was shot on April 7, 2023, at a local Mexican restaurant by the Defendant, Jerry “J.J.” Carl Hicks, Jr.
Testimony began with the Alabama Department of Forensic Sciences State Medical Examiner Dr. Valerie Green. According to Green’s testimony, the victim had a gunshot wound that entered his upper chest and exited his back on the right side. He had blunt force injuries to his left face, ear, eye, and both hands, consistent with a fall onto the pavement. The cause of death was determined to be the gunshot wound.
Scottsboro Police Lieutenant Scott Hamilton, the investigator on call the night of April 7, 2023, was called to the stand and asked to identify crime scene photos with a time stamp of 8:45 PM, 4/7/23. Following that, Scottsboro Police Sergeant Andrew Miller testified that on the night of April 7, 2023, he and three other officers answered the 911 call. Miller stated that he viewed the victim lying on the ground with his head on his sister’s knee and that a closed pocket knife was on the pavement beside the victim.
Scottsboro Police Officer Bailey Johnson stated that the Defendant’s (J.J. Hicks) gun was on top of his vehicle and that Hicks complied with commands to get on his knees, place his hands in the air, and turn around. Johnson testified that Hicks told her Nix had yelled at him for letting his child go to the bathroom alone and that she had advised the Defendant of his Miranda Rights and had to explain to him on multiple occasions to stop talking, that Hicks never told her that the victim had a weapon, that she did not see any injuries on the Defendant and that the Hicks never stated to her that he was threatened. She stated that Hicks asked for a lawyer after telling her the victim had hit him.
When Hicks was called to the stand, he testified about the day of the shooting, stating that he and his wife and son were at the restaurant for dinner. His son needed to go to the restroom not long after arrival, so he took him. After dinner and dessert, the child asked to return to the restroom and was allowed to go alone since no one was around. Hicks testified that Nix came out of the restroom saying, “Who let’s their f* kids go to the bathroom by their self.” Hicks testified that he asked Nix, “Hey man, what’s going on?” but said that Nix did not respond and continued walking. After Hicks’ child left the restroom, the family went to the counter to pay for their meal. Hicks saw that Nix was standing talking loudly into the restaurant’s kitchen area, so Hicks’ wife and child went to their car to wait for him. Upon leaving the restaurant separately, Hicks joined his family, but Nix headed toward them. Hicks stated that he asked Nix, “Hey man, why are you coming to my car?” and that Nix responded with, “I’ll do whatever the f I want.” According to Hicks, Nix then stated that he had four children and would not let his kids go to the restroom alone. Hicks testified that he responded to that comment by telling Nix, “I let my f**** kid go to the bathroom by himself.”
According to Hicks, that’s when things got physical. Nix chest bumped him three or four times. Hicks stated that he told Nix to leave him alone and that Nix hit him [Hicks] three times, causing Hicks to stumble to the trunk of the car. Hicks stated that he then told Nix he had a gun and to leave him alone, that he [Hicks] couldn’t get into his own car because he would have had to turn his back on the victim. That Nix’s sister pleaded with him to stop and repeated to him that Hicks had a gun.
That’s when things turned deadly. Hicks stated he heard Nix say, “I’ll end him quicker,” while reaching into his waistband. Hicks stated that he then pulled his own gun, aimed full mass, and fired, causing Nix to turn and run.
Hicks testified that after holstering his weapon, he went inside the restaurant, where he spoke to a 911 operator stating, “He started punching me and I shot him. When we got to the parking lot, I asked him why he was cussing at my kid. I thought he was going to kill me, and I shot so he’d stop and go on. Please get here quick. He’s dying. He started hitting me, beating me in front of my kid.”
Defense Attorney Parker Edmiston questioned Hicks regarding firearms. Hicks testified that his entire family carries and that he didn’t shoot again because Nix ran away.
As with most criminal court proceedings, there was some corroborating and some conflicting testimony from the victim’s family members. However, Judge Graham is taking the Stand Your Ground Motion under advisement, and NJP will update you as more information becomes available.
