Defendant to receive new trial in "Critterman" murder case - WFXG FOX 54 - News Now

Defendant to receive new trial in "Critterman" murder case

David Nash David Nash
MONTGOMERY, AL (WSFA) - It was announced on Wednesday that former Montgomery doctor David Nash will officially get a new murder trial. 

Judge Charles Price ordered a second retrial for Nash in January 2014 due to juror misconduct.

In August 2014, the Alabama Court of Criminal Appeals denied a request by Montgomery County District Attorney Darryl Bailey to force Judge Price to vacate his order for a new trial. 

Nash was previously sentenced to life in prison without parole, the only sentence the judge could hand down, according to Montgomery County District Attorney Darryl Bailey.

Nash was convicted by a jury of capital murder in August 2013 murder-for-hire of popular River Region pest control man Ralph "Critterman" McNeil

Following the conviction, Nash filed motions to have it set aside and sought a new trial. Judge Price agreed with both motions and vacated the conviction in January 2014.

Judge Price based his order on two things: First, the judge said Nash's trial came from an inconsistent presentation of the evidence that was also used in the previous trial of another co-defendant. The second basis was due to juror misconduct.

Price's order to throw out the guilty verdict was stopped by the state supreme court. The Alabama Court of Criminal Appeals ordered Price to reinstate the murder conviction.

The State of Alabama argued that Judge Price, "abused [his] discretion, usurped [his] power, and created a gross disruption in the administration of justice," when he granted Nash's motions to set aside the verdict and order a new trial.

[DOCUMENT: Court of Criminal Appeals Reversal (.pdf)]

The State said Judge Price, "erred in applying judicial estoppel" and "ignored the law and erroneously granted a new a new trial based on juror misconduct."

The Court of Appeals agreed and ordered the judge to reverse his decision and set a sentencing date for Nash.

Nash is one of four people implicated in McNeil's death. The others pleaded guilty and did not go to trial. They include Nash's ex-fiance', Serena English, whom prosecutors say was in a custody dispute with McNeil at the time of his death, and cousins Jeremy and Kendall Riley.

Copyright 2014 WSFA 12 News.  All rights reserved.
  • NEWSMore>>

  • Emoluments suit vs. Trump now personal as well as official

    Emoluments suit vs. Trump now personal as well as official

    Saturday, February 24 2018 12:45 AM EST2018-02-24 05:45:34 GMT
    Saturday, February 24 2018 9:18 AM EST2018-02-24 14:18:40 GMT
    (AP Photo/Evan Vucci). In this Feb. 20, 2018, photo, President Donald Trump speaks in the East Room of the White House in Washington. Attorneys general of Maryland and the District of Columbia on Feb. 23, expanded their lawsuit accusing Trump of accept...(AP Photo/Evan Vucci). In this Feb. 20, 2018, photo, President Donald Trump speaks in the East Room of the White House in Washington. Attorneys general of Maryland and the District of Columbia on Feb. 23, expanded their lawsuit accusing Trump of accept...

    AGs of Maryland, DC expand emoluments lawsuit against Trump, suing him not only as president but in his personal capacity as a businessman.

    More >>

    AGs of Maryland, DC expand emoluments lawsuit against Trump, suing him not only as president but in his personal capacity as a businessman.

    More >>
  • Trump talks new gun measures, gun owners talk 'betrayal'

    Trump talks new gun measures, gun owners talk 'betrayal'

    Saturday, February 24 2018 1:15 AM EST2018-02-24 06:15:31 GMT
    Saturday, February 24 2018 9:18 AM EST2018-02-24 14:18:23 GMT
    (AP Photo/Evan Vucci). In this Feb. 22, 2018, photo, President Donald Trump speaks during a meeting with state and local officials to discuss school safety in the Roosevelt Room of the White House in Washington. Trump could face a backlash from gun rig...(AP Photo/Evan Vucci). In this Feb. 22, 2018, photo, President Donald Trump speaks during a meeting with state and local officials to discuss school safety in the Roosevelt Room of the White House in Washington. Trump could face a backlash from gun rig...
    President Donald Trump could face a backlash from gun rights advocates by voicing support for gun control measures.More >>
    President Donald Trump could face a backlash from gun rights advocates by voicing support for gun control measures.More >>
  • Latest Mueller indictment spells trouble for bankers, too

    Latest Mueller indictment spells trouble for bankers, too

    Saturday, February 24 2018 1:05 AM EST2018-02-24 06:05:06 GMT
    Saturday, February 24 2018 9:18 AM EST2018-02-24 14:18:20 GMT
    (AP Photo/Susan Walsh, File). FILE - In this Dec. 11, 2017, file photo, former Trump campaign chairman Paul Manafort arrives at federal court in Washington. Recently unsealed criminal charges against President Donald Trump’s ex-campaign chairman could ...(AP Photo/Susan Walsh, File). FILE - In this Dec. 11, 2017, file photo, former Trump campaign chairman Paul Manafort arrives at federal court in Washington. Recently unsealed criminal charges against President Donald Trump’s ex-campaign chairman could ...
    Recently filed federal charges against President Donald Trump's former campaign chairman could also pose legal and regulatory risks for the banks that loaned him millions.More >>
    Recently filed federal charges against President Donald Trump's former campaign chairman could also pose legal and regulatory risks for the banks that loaned him millions.More >>
Powered by Frankly