Professional Documents
Culture Documents
Gregg File WM
Gregg File WM
om
through her counsel of record, and files this her Motion to Exclude the Public and
.c
the Media (“Motion”) to exclude the public and the media from the courtroom during
ya
the hearing on the Motion to Reduce Bond (MEC #53), and in support thereof
la
ba
would respectfully show unto this Honorable Court the following facts and matters,
am
to-wit:
1.
nj
so
2.
Ja
The hearing of this matter raises privacy considerations under the Health
Insurance Portability and Accountability Acy (“HIPPA”), as Dr. Mark Webb and Dr.
3.
deeply grieving, and the presence of the media would further traumatize and
emotionally disturb this family member. This Court has recognized that the public
Case: 61CO1:24-cr-15875 Document #: 56 Filed: 05/13/2024 Page 2 of 3
emotional disturbance to a witness which might result from that witness giving
testimony in a particular case.” Lee V. State, 529 So.2d 181 (Miss. 1988); Bailey
4.
This family tragedy should not be fodder for the public’s entertainment.
om
Order excluding the public and the media from the courtroom during the hearing
.c
on the Motion to Reduce Bond (MEC #53). The Defendant prays for any additional
ya
relief to which this Honorable Court deems appropriate in the premises.
la
Respectfully Submitted, this the 13th day of May, 2024.
ba
am
CERTIFICATE OF SERVICE
above-referenced matter, do hereby certify that on this the 13th day of May, 2024, a true
and correct copy of the foregoing Motion to Exclude the Public and the Media was served
on the following:
om
Email: [email protected]
A.D.A. for the 20th Circuit Court District
.c
ya
la
/s:/ Caleb Coleman
ba
Email: [email protected]
Attorney for Carly Madison Gregg
ck
Ja
Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 1 of 6
COMES NOW the Defendant, Carly Madison Gregg, by and through her
om
counsel of record, and files this her Motion to Reduce Bond (“Motion”) pursuant to
.c
Rule 8 of the Mississippi Rules of Criminal Procedure, and in support thereof would
ya
respectfully show unto this Honorable Court the following facts and matters, to-wit:
la
ba
1.
am
Carly is currently 15 years old. Her bond is currently set at One Million
2.
ck
Carly was arrested and taken into custody on Tuesday, March 19th, 2024,
Ja
after she flagged down a patrol car and peacefully turned herself over to law
enforcement.
3.
Carly has no prior criminal record whatsoever, nor does she have a history
of violence.
Page 1 of 6
Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 2 of 6
4.
To the contrary, Carly was an honor roll student and student of the year at
5.
6.
om
7.
.c
Carly does not possess the financial means or resources to raise the funds
ya
required to pay her current bond. Carly’s current bond is excessively high and set
la
at an unreasonable amount. (See Lee v. Lawson, 375 So. 2d 1019, 1024 (Miss.
ba
1979)).
am
8.
nj
The State charged Carly as an adult. Therefore, Carly has been detained in
so
ck
solitary confinement and not allowed visitors (with the sole exception of her
Ja
attorneys), or the ability to speak with anyone for twenty-three (23) hours a day.
Carly has been isolated under these conditions for nearly two months as of the
date of the filing of this Motion. This extreme confinement and isolation is
9.
Carly has been detained in solitary confinement for nearly two months
Page 2 of 6
Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 3 of 6
10.
Dr. James O’Brien has been retained to conduct a psych evaluation and
testing on Carly, but this evaluation and testing cannot be done while Carly is in
jail.
11.
Carly has been charged as an adult, but adults charged with the same crime
as Carly are not being held in the same form of extreme confinement.
om
12.
.c
Children who are the same age as Carly and in the same grade as Carly
ya
and who attend the same school as Carly have been charged with the same crime
la
as Carly but have received much lower bonds. Please see attached as Exhibit “A”
ba
examples of much lower bond set for children who face the same charges in the
am
tri-county area.
nj
so
13.
ck
Both the living victim and the family members of the deceased victim support
Ja
14.
fleeing the jurisdiction, and she has already demonstrated her willingness to turn
Page 3 of 6
Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 4 of 6
15.
Carly has lived in Rankin County for years. Her family members, school, and
16.
would also allow Carly access to necessary mental health care and enable her to
om
continue attending school online until her indictment and/or trial while releasing
.c
Carly from solitary confinement on an unsecured bond.
ya
17.
la
Carly cannot possibly pay her initial bond amount. Bond is not meant to force
ba
a defendant to rot in jail until his or her case can be heard. Refusing to reduce
am
Carly’s bond effectively denies her the right to a bond and leaves her in pre-trial
nj
so
detention even though she is not a flight risk or a risk to the public, which violates
ck
the 8th Amendment of the United States Constitution. (18 U.S.C. § 3142 (2022),
Ja
also see U.S. v. Szott, 768 F.2d 159 (7th Cir. 1985)).
18.
Carly has the benefit of being deemed innocent until proven guilty.
respectfully requests that this Court will reduce her initial bond to a reasonable
amount and to give Carly an unsecured bond based on her circumstances. Carly
Page 4 of 6
Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 5 of 6
requests such other relief, either general or specific, to which she may show herself
om
Email: [email protected]
Attorney for Carly Madison Gregg
.c
ya
la
ba
am
nj
so
ck
Ja
Page 5 of 6
Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 6 of 6
CERTIFICATE OF SERVICE
above-referenced matter, do hereby certify that on this the 10th day of May, 2024, a true
and correct copy of the foregoing Motion to Reduce Bond was served on the following:
om
.c
ya /s:/ Caleb Coleman
la
CALEB COLEMAN, MSB #106463
COLEMAN | TODD LAW FIRM, PLLC
ba
Email: [email protected]
Attorney for Carly Madison Gregg
so
ck
Ja
Page 6 of 6
Case: 61CO1:24-cr-15875 Document #: 49 Filed: 04/18/2024 Page 1 of 4
VS.
This cause having come before the Court on issues regarding the potential mental status of the
om
Defendant, and the Court, in accordance with all applicable laws and rules, does hereby find that there is
.c
reasonable ground to order in accordance with MRCrP 12.2(a) that Defendant undergo a mental evaluation
ya
by any psychiatrist or psychologist who has been certified to complete competency evaluations by the
la
ba
Mississippi Department of Mental Health.
am
IT IS, THEREFORE, ORDERED that the Defendant be given a mental evaluation for the purpose
of determining whether or not the Defendant is mentally competent to stand trial or will likely become so
nj
within the foreseeable future, and in accordance with all appropriate standards and requirements found to be
so
IT IS ORDERED that a written report on all issues referenced in this order be issued in compliance
Ja
with MRCrP 12.3(c) and furnished to the Circuit Clerk, or if the Circuit Clerk does not yet have this case
docketed then to this Court, for provision to the Court and counsel in accordance with MRCrP 12.4(a).
dependency/addiction, and employment privileges of the Defendant are waived to the extent necessary to
fulfill the purposes and directives of this order. Any and all records of the Defendant that may be potentially
relevant to this evaluation are hereby ordered and directed to be obtained, released, and provided to the staff
Case: 61CO1:24-cr-15875 Document #: 49 Filed: 04/18/2024 Page 2 of 4
of the Forensic Service of Mississippi State Hospital at Whitfield or such other facility or evaluator as may
IT IS FURTHER ORDERED that, within ten (10) business days of the entry of this Order, defense
counsel shall file a certificate of compliance with the Court documenting that the available medical and
criminal history records were submitted to the examining mental health expert in accordance with MRCrP
12.2(e).
IT IS FURTHER ORDERED that, within ten (10) business days of the entry of this Order, defense
om
counsel shall promptly prepare and furnish to the examining mental health expert the following:
(1) A copy of this order and any and all related motion(s), exhibit(s) and materials;
.c
(2) A completed Patient Information Form (PIF) as provided by Forensic Services at Mississippi State
Hospital;
ya
la
ba
(3) Information concerning the alleged crime(s) and legal history, including:
am
a. Discovery Materials; Indictment; name(s) of the charge(s); date(s); accounts of the alleged
crime(s) including investigators' report(s); arrest report(s); any statements made by witnesses,
nj
so
b. A copy of the Defendant's prior local arrest record and N.C.I.C. or F.B.I. Identification
Ja
report;
(4) Information concerning the defendant’s mental health and medical history, including:
a. A copy of the report and file of any psychiatric/psychological expert providing any previous
(5) Proof of a completed certificate of compliance filed with the Court documenting that the available
medical and criminal history records were submitted to the examining mental health expert in
IT IS FURTHER ORDERED that the Circuit Clerk shall transmit this Order to the Forensic
IT IS FURTHER ORDERED that the Sheriff or his lawful Deputy shall transport the Defendant,
om
upon notification and direction from the certified evaluator assigned by the Forensic Evaluation Service at
MSH. For all purposes related to this order, all expenses related to this evaluation are to be borne by the
.c
Treasury of this County, not to exceed $2000.
18th
SO ORDERED this the _______ April
ya
day of __________________, 2024.
la
ba
am
_____________________________
COUNTY COURT JUDGE
nj
so
BRANDON, MS 39042
601-825-5040
Email: [email protected]
Caleb Coleman
Caleb Coleman & Associates, PLLC
1000 Highland Colony Parkway
Suite 5203
RIDGELAND, MS 39157
601-416-3442
Email: [email protected]
Case: 61CO1:24-cr-15875 Document #: 49 Filed: 04/18/2024 Page 4 of 4
om
(601)825-1472 Phone
[email protected]
.c
ya
la
ba
am
nj
so
ck
Ja
Case: 61CO1:24-cr-15875 Document #: 4 Filed: 03/20/2024 Page 1 of 3
2024031120
(;I:NI:RAL AFFIDAVIT
BEFORE ML, Michelle Adcock the Circuit Clerk of said County Rankin
Investigator Zachary Cotton
makes the affidavit that, CARLY GRFGG. l)OR: 042312009. W'F. SSN: NIA. 214 ASHTON WAY BRANDON.
MS 39047
om
On or about March 19, 2024 in the county afl.resaid. did unlawfully, willtilIy, and feloniously violate the State
Laws to wit: did feloniously, willfully and unlawfully with deliberate design to cause death to. Ashley Nicole
Smvlic by shooting her in the head with a handgun causing the death of Ashley Nicole Smylic, a human being. This
is in violation of MS Code 97-3-19(1 )(a) and against the peace and dignity of the State of Mississippi. This
.c
occurred in Rankin County, MS.
ya
la
ba
STAlE OF MISSISSIPPI
RANKIN COUNTY
BEFORE ME, Anita Jeflhess. the County (lerL of said County Rankin
Zachary Cotton
On March 19, 2024 the Rankin County Sheriff's Office received a call in reference to an
individual who had been shot at a 214 Ashton Way in Brandon Mississippi by their daughter
Carly Gregg. Upon arrival Deputies discovered that Carly Greggs mother. Ashley Nicole
om
Smylie. was deceased having suffered a gunshot wound to the head and her step-father Heath
Smylic had suffered a gunshot wound to the shoulder. Heath Smylie informed responding
deputies that when he arrived home be had found his wife on the floor in Carly's room and when
.c
he turned around Carly was standing in the kitchen with a handgun. Ileath stated that Carly fired
ya
approximately three times striking him once in the shoulder. I Ic stated that he and Carly
struggled over the firearm and he was able to get it away from her. After having the firearm
la
taken away from her Carly proceeded to run out the back door of the residence and jumped over
the fence. Additional law enforcement began to observe the area and was able to take Carly into
ba
custody a short distance away from the residence. Due to Carly Gregg discharging a firearm
causing death to Ashley Smylie and discharging a firearm striking Heath Smylie one time she is
am
charged with a violation of §97-3-19 (Murder) and §97-1-7(2) (Attempted Murder) of the MS
Code of 1972 as annotated. The offense occurred within Rankin County. Mississippi.
nj
so
/acl .i'otton
ck
Ja
Sworn and subscribed before me. this 20th day of March 2024
Va
Rankin County Cli&uit Clerk
Case: 61CO1:24-cr-15875 Document #: 4 Filed: 03/20/2024 Page 3 of 3
FILED
Date: 03.20.2024 202.1031120
MICHELLE ADCOCK, CIRCUIT CLERK
BY: Anita Jeifress
uI:N('II WARRANT
STATE OF M LSSISSI I Pt
RANKIN COUNTY
WL COMMAND YOU. hutlisrilli to lake Ilic hod) oI ('ARt .V (iRE(',G, 1)013: 041232009, W.T. SSN: N/A, 2 14
AS)) ION WAY BRANDON. MS 39047
and bring hill) before I he unders icited. a ('4111111% (tnt; I iii ttc ul Said c(111111 %. then and lucre to ;iIisss er to the Slate of
Mississippi on a Lll:ir)e of
om
M(I RIfl:fl
MS ('001197-3-19 (I)(a)
.c
'ilIlecs 10% hand this 20th da ut March 2u 24 .
ya
la
Rarilin(.'cLantv Court
ba
am
LIFE
nj
If convicted for this alleged 01100, you may be punished by imprisonment for
PRESET BOND:$ 500,000.00 with the following conditions of bond:
so
'You must appear in court when required and comply with all conditions of bond.
State of Mis'isippi 'You shall notify the Court of any change of address and/ar telephone number.
Count) of Rniiki,i 'You shall not commit any other crime.
ck
You shall not consume alcoholic beverages, illegal drugs, or misuse Prescription drugs.
I haw this slav uirresied lire within uiaiiied 'You shall have NO CONTACT, directly or indirectly, with victim(s) and/or codefendant(s).
'You shall obtain and continue employment, If not legally disabled.
Ja
c6.i1 &eq . ALL DEFENDANTS CHARGED WITH A SEX OFFENDER CRIME OR A VIOLENT CRIME (according to
Served hi iii icr a true cti I the %% at will
MS Code 97.3.2) SHALL ALSO ABIDE BY THE FOLLOWING ADDITIONAL CONDITIONS OF BOND:
Placed ii mt'her ill the Rankin Counl) .Ia II. 'Prior to release, you shall obtain a GPS Monitor, approved by the Couti, ,nnid provide the Bondsman
Ibis the 'Odas o14(L. .202(( and, if applicable, the Supervised Bond Monitoring Company with weekly tracking reports.
I)rsaii fl,uilev Sheriff
'You shall be restricted in your residence every day from 10:00PM to 6:00AM.
B)
'You shall surrender your passport to the Rankin County Circuit Clerk's Office.
SHOULD THE DEFENDANT VIOLATE ANY OF THE CONDITIONS LISTED ABOVE, BOND MAY BE
FORFEITED UPON SHOWING OF GOOD CAUSE,