Attorney says man accused of killing sex offender shouldn't face murder charge

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Source: Cullman County Sheriff's Office Source: Cullman County Sheriff's Office
Tommy Drake (Source: WBRC video) Tommy Drake (Source: WBRC video)
Source: Cullman County Sheriff's Office Source: Cullman County Sheriff's Office

Tommy Drake, the attorney for Jay Maynor, says his client should not be charged with murder in the alleged killing of Raymond Brooks. Brooks is the man accused of molesting Maynor's relative.

"It goes beyond simply that this happened 12 years ago," Tommy Drake said. "It shouldn't be murder, it should be called 'heat of passion murder,' that would be manslaughter. That would be a lesser included murder."

Drake says Maynor and his family suffered great anguish and anxiety over the years since their relative was allegedly molested by Brooks.

"Over the years they've questioned why such a thing could happen," Drake said.

Drake says it continued to weigh heavily on Maynor. Last Sunday, there was something that happened between Brooks and Maynor which led to the killing.

"There was a catalyst. There was a trigger that occurred on the date this occurred that has implicated my client that gave rise to the fact now for which he's charged. Meaning there was an event that took place on that day that pushed my client over the edge," Drake said.

Drake couldn't elaborate on what it was that triggered Maynor that day, but he says the facts will be brought out to the jury.

"Unfortunately, we believe that once we try this case we'll be able to prove there was a reason for this," Drake says.

Maynor is also charged with attempted murder for allegedly shooting at his step-daughter's boyfriend at a gas station. Drake says those are allegations at this point and he's still gathering the facts.

Maynor has a cash bond set at $141,000 and Drake says that's too much for Maynor. Drake is working to change it to a property bond and get it reduced so Maynor can get out of jail.

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