Case: 61CO1:24-cr-15875 Document #: 56 Filed: 05/13/2024 Page 1 of 3

IN THE COUNTY COURT OF RANKIN COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI PLAINTIFF

VS. CAUSE NO. 24-15875

CARLY MADISON GREGG DEFENDANT

________________________________________________________________

MOTION TO EXLCUDE THE PUBLIC AND THE MEDIA

________________________________________________________________

COMES NOW the Defendant, Carly Madison Gregg (“Carly”), by and

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through her counsel of record, and files this her Motion to Exclude the Public and

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the Media (“Motion”) to exclude the public and the media from the courtroom during

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the hearing on the Motion to Reduce Bond (MEC #53), and in support thereof
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would respectfully show unto this Honorable Court the following facts and matters,
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to-wit:

1.
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Carly is a child who is currently experiencing fragile mental health.

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2.
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The hearing of this matter raises privacy considerations under the Health

Insurance Portability and Accountability Acy (“HIPPA”), as Dr. Mark Webb and Dr.

James O’Brien may me called to testify regarding Carly’s health.

3.

Carly’s defense counsel intends to call a family member to testify who is

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

exclusion may be appropriate “to the extent necessary to avoid embarrassment or

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

v. State, 729. So.2d 125,5 (Miss. 1999).

4.

This family tragedy should not be fodder for the public’s entertainment.

WHEREFORE, PREMISES CONSIDERED, the Defendant requests an

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Order excluding the public and the media from the courtroom during the hearing

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on the Motion to Reduce Bond (MEC #53). The Defendant prays for any additional

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relief to which this Honorable Court deems appropriate in the premises.
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Respectfully Submitted, this the 13th day of May, 2024.
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/s:/ Caleb Coleman

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CALEB COLEMAN, MSB #106463

COLEMAN | TODD LAW FIRM, PLLC
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200 E. Government Street

Post Office Box 1645
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Brandon, Mississippi 39042

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Telephone: (601) 824-5040

Email: [email protected]
Attorney for Carly Madison Gregg
 Case: 61CO1:24-cr-15875 Document #: 56 Filed: 05/13/2024 Page 3 of 3

CERTIFICATE OF SERVICE

I, Caleb Coleman, counsel for Defendant, CARLY MADISON GREGG, in the

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:

Kathryn White Newman, Esq. [ ] Via U.S. Mail, regular delivery

Assistant District Attorney [ ] Via Hand Delivery
P.O. Box 68 [ ] Via Facsimile
Brandon, MS 39043 [ ] Via Email
Tel: (601) 825-1472 [ x ] Via MEC system

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Email: [email protected]
A.D.A. for the 20th Circuit Court District

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/s:/ Caleb Coleman
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CALEB COLEMAN, MSB #106463

COLEMAN | TODD LAW FIRM, PLLC
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200 E. Government Street

Post Office Box 1645
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Brandon, Mississippi 39042

Telephone: (601) 824-5040
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Email: [email protected]
Attorney for Carly Madison Gregg
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 Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 1 of 6

IN THE COUNTY COURT OF RANKIN COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI PLAINTIFF

VS. CAUSE NO. 24-15875

CARLY MADISON GREGG DEFENDANT

________________________________________________________________

MOTION TO REDUCE BOND

________________________________________________________________

COMES NOW the Defendant, Carly Madison Gregg, by and through her

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counsel of record, and files this her Motion to Reduce Bond (“Motion”) pursuant to

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Rule 8 of the Mississippi Rules of Criminal Procedure, and in support thereof would

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respectfully show unto this Honorable Court the following facts and matters, to-wit:
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1.
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Carly is currently 15 years old. Her bond is currently set at One Million

Dollars ($1,000,000.00). Carly has not been indicted.

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2.
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Carly was arrested and taken into custody on Tuesday, March 19th, 2024,
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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.

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 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

Northwest Rankin Highschool prior to her arrest.

5.

Carly has no income, no bank account, and no assets.

6.

Carly does not have a driver’s license, a car, or a passport.

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7.

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Carly does not possess the financial means or resources to raise the funds

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required to pay her current bond. Carly’s current bond is excessively high and set
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at an unreasonable amount. (See Lee v. Lawson, 375 So. 2d 1019, 1024 (Miss.
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1979)).
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8.
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The State charged Carly as an adult. Therefore, Carly has been detained in
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solitary confinement and not allowed visitors (with the sole exception of her
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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

deteriorating Carly’s mental state and is punitive.

9.

Carly has been detained in solitary confinement for nearly two months

without being indicted.

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 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.

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12.

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Children who are the same age as Carly and in the same grade as Carly

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and who attend the same school as Carly have been charged with the same crime
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as Carly but have received much lower bonds. Please see attached as Exhibit “A”
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examples of much lower bond set for children who face the same charges in the
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tri-county area.
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13.
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Both the living victim and the family members of the deceased victim support
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Carly’s bond being reduced.

14.

Carly is not a danger to herself or the community. There is no risk of Carly

fleeing the jurisdiction, and she has already demonstrated her willingness to turn

herself in to law enforcement.

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 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

friends all reside in Rankin County and the surrounding area.

16.

Alternative options are available to restrict Carly’s movements, protect the

community, and ensure Carly’s Courtroom appearance. Such alternative options

would also allow Carly access to necessary mental health care and enable her to

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continue attending school online until her indictment and/or trial while releasing

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Carly from solitary confinement on an unsecured bond.

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17.
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Carly cannot possibly pay her initial bond amount. Bond is not meant to force
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a defendant to rot in jail until his or her case can be heard. Refusing to reduce
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Carly’s bond effectively denies her the right to a bond and leaves her in pre-trial
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detention even though she is not a flight risk or a risk to the public, which violates
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the 8th Amendment of the United States Constitution. (18 U.S.C. § 3142 (2022),
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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.

WHEREFORE, PREMISIS CONSIDERED, Carly Madison Gregg,

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

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 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

to be entitled in a Court of law.

Respectfully Submitted, this the 10th day of May, 2024.

/s:/ Caleb Coleman

CALEB COLEMAN, MSB #106463
COLEMAN | TODD LAW FIRM, PLLC
200 E. Government Street
Post Office Box 1645
Brandon, Mississippi 39042
Telephone: (601) 824-5040

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Email: [email protected]
Attorney for Carly Madison Gregg

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 Case: 61CO1:24-cr-15875 Document #: 53 Filed: 05/10/2024 Page 6 of 6

CERTIFICATE OF SERVICE

I, Caleb Coleman, counsel for Defendant, CARLY MADISON GREGG, in the

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:

Kathryn White Newman, Esq. [ ] Via U.S. Mail, regular delivery

Assistant District Attorney [ ] Via Hand Delivery
P.O. Box 68 [ ] Via Facsimile
Brandon, MS 39043 [ ] Via Email
Tel: (601) 825-1472 [ x ] Via MEC system
Email: [email protected]
A.D.A. for the 20th Circuit Court District

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CALEB COLEMAN, MSB #106463
COLEMAN | TODD LAW FIRM, PLLC
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200 E. Government Street

Post Office Box 1645
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Brandon, Mississippi 39042

Telephone: (601) 824-5040
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Email: [email protected]
Attorney for Carly Madison Gregg
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Page 6 of 6
 Case: 61CO1:24-cr-15875 Document #: 49 Filed: 04/18/2024 Page 1 of 4

IN THE COUNTY COURT OF RANKIN COUNTY, MISSISSIPPI

STATE OF MISSISSIPPI CAUSE NO. 24-cr-15875

VS.

CARLY MADISON GREGG

ORDER FOR MENTAL EVALUATION OF COMPETENCE TO STAND TRIAL

This cause having come before the Court on issues regarding the potential mental status of the

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Defendant, and the Court, in accordance with all applicable laws and rules, does hereby find that there is

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reasonable ground to order in accordance with MRCrP 12.2(a) that Defendant undergo a mental evaluation

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by any psychiatrist or psychologist who has been certified to complete competency evaluations by the
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Mississippi Department of Mental Health.
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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
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within the foreseeable future, and in accordance with all appropriate standards and requirements found to be
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applicable for Defendant under MRCrP 12.

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IT IS ORDERED that a written report on all issues referenced in this order be issued in compliance
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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).

IT IS FURTHER ORDERED that any medical, psychiatric, psychological, educational,

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

be designated or allowed by the Court.

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

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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;

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(2) A completed Patient Information Form (PIF) as provided by Forensic Services at Mississippi State

Hospital;
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(3) Information concerning the alleged crime(s) and legal history, including:
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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,
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victims, and Defendant;

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b. A copy of the Defendant's prior local arrest record and N.C.I.C. or F.B.I. Identification
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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

forensic opinion or evaluation of the Defendant;

b. All relevant medical/psychiatric/psychological records, and all relevant educational and

Court (including Youth Court) and employment records;

 Case: 61CO1:24-cr-15875 Document #: 49 Filed: 04/18/2024 Page 3 of 4

(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

accordance with MRCrP 12.2(e).

IT IS FURTHER ORDERED that the Circuit Clerk shall transmit this Order to the Forensic

Evaluation Service at Mississippi State Hospital by secure email to [email protected] or

facsimile to (601) 351-8570.

IT IS FURTHER ORDERED that the Sheriff or his lawful Deputy shall transport the Defendant,

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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

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Treasury of this County, not to exceed $2000.

18th
SO ORDERED this the _______ April
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day of __________________, 2024.
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_____________________________
COUNTY COURT JUDGE
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Counsel for Defendant:

Bridget Renea Todd
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Coe Todd Legal Group, PLLC

200 East Government Street
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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

Kevin Dale Camp

The Camp Law Firm, PLLC
1764 Lelia Drive
JACKSON, MS 39216
601-948-5800
Fax: 601-987-9161
Email: [email protected]

Prosecutor for the State of Mississippi

Assistant District Attorney, Ryan Berry
Rankin County District Attorney’s Office
215 East Government Street, Second Floor
Brandon, MS 39042

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(601)825-1472 Phone
[email protected]

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 Case: 61CO1:24-cr-15875 Document #: 4 Filed: 03/20/2024 Page 1 of 3
2024031120

(;I:NI:RAL AFFIDAVIT

THE STATE OF MISSISSIPPI

RANKIN COUNTY

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

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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

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occurred in Rankin County, MS.

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Sworn and subscribed before me, this 20th day of March 24

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Investigator Zachary Cotton

 Case: 61CO1:24-cr-15875 Document #: 4 Filed: 03/20/2024 Page 2 of 3
2024031120

UNDERLYING FACTS & CIRCUMSTANCES

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

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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

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he turned around Carly was standing in the kitchen with a handgun. Ileath stated that Carly fired

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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
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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
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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
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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.
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/acl .i'otton
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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

TO ANY LAWFUL OFFICER OF RANI<IN ('O(JNTY:

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

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M(I RIfl:fl
MS ('001197-3-19 (I)(a)

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'ilIlecs 10% hand this 20th da ut March 2u 24 .

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Rarilin(.'cLantv Court
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LIFE
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If convicted for this alleged 01100, you may be punished by imprisonment for
PRESET BOND:$ 500,000.00 with the following conditions of bond:
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'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.
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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.
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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.
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'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,

Invesligalor /achary Colton