Jefferson County Div. 4 Circuit Judge Mark Stoll sentenced Pevely resident Earl Francis Ealey, 66, to three years in prison this morning (Sept. 19) after a jury found him guilty the night before of involuntary manslaughter in the 2011 shooting death of Donald Horrell.
Ealey could have faced a penalty of 10 to 30 years or life in prison if the jury had convicted him of second-degree murder, the charge sought by the Jefferson County Prosecuting Attorney’s Office. The jury also found Ealey not guilty of armed criminal action.
The three-day trial began Monday.
“We respect the verdict of the jury, who agreed the shooting of Donald Horrell was unnecessary,” Jefferson County Prosecuting Attorney Forrest Wegge said. “I think the jury did a good job.”
Ealey’s attorney, Clifford Schwartz of Arnold, said Ealey and his family are relieved the trial is over. Ealey should be freed soon from prison because of time already served, Schwartz said.
“I think they’re very happy this is resolved and over,” he said. “Once he’s processed by the Department of Corrections, he should be released.”
Wegge said he expected Ealey to be transported to a state Department of Corrections facility today. He said it will be up to Department of Corrections officials to determine how long Ealey will remain in prison after serving more than two years in prison awaiting trial.
Attorneys on both sides of the case alleged that methamphetamine use was a factor in the Pevely shooting.
Schwartz presented evidence that Horrell, 36, Festus, had meth in his system the day of his death, April 3, 2011. Assistant prosecuting attorney Travis Partney alleged in closing arguments that Ealey also had used meth that day.
Both sides agreed that Donald Horrell acted aggressively during the incident, but the prosecution pointed out he was unarmed when Ealey shot him in the upper torso.
Evidence at the trial indicated the shooting was tied to a dispute involving Horrell’s estranged wife, Amy Horrell, now 33.
Court papers report that Amy Horrell had filed a restraining order against Donald Horrell and told police she was afraid of him. However, the two had seen each other on April 1, 2011, after the restraining order was filed.
The probable-cause statement in the case reported that Ealey admitted to shooting Donald Horrell after 11 p.m. the night of the incident, but said it was in self-defense.
Ealey told investigators he shot Donald Horrell because Horrell was enraged at Amy Horrell and was behaving in a threatening way to four people at the scene – Ealey, Amy Horrell and two other people.
The incident occurred in the 1800 block of Hwy. Z, in the home of friends of Ealey and the Horrells.
The defense and prosecution argued about Ealey’s physical condition at the time of the shooting, with the defense saying he was vulnerable because of disability and the prosecution arguing that he was capable of killing someone.
Ealey appeared at the trial in a wheelchair and was assisted to the stand when the jury and judge entered or left the courtroom.
Schwartz said Ealey, a Vietnam veteran, had battled cancer for at least a decade because of exposure to Agent Orange and has serious leg problems tied to a motorcycle accident shortly before the shooting.
He said Ealey lost his larynx to cancer and was only able to walk with braces at the time of the shooting.
“Earl Ealey was 64 years of age and was crippled from years in the military and the accident,” Schwartz said. “He had cancer. What do you think he thought were his chances (against Donald Horrell)?”
Partney contended Ealey told law enforcement on the night of the shooting he was a martial arts expert who had killed 45 people as a Marine in two tours of duty in Vietnam. Partney also said Ealey went beyond what was needed to defend himself.
“He didn’t shoot him (Horrell) because he had to,” Partney said. “He did it because he wanted to.”
Partney played the 911 recording when the shooting was reported. In the background, Ealey’s mechanical voice can be heard saying, “Quack, quack, (expletive delected), quack, quack.”
“When Donald is bleeding out, what did you hear from the defendant in the background? ‘Quack, quack, (expletive deleted), quack, quack.’ Does that sound like self-defense?” Partney asked the jury.
The jury deliberated about four hours Wednesday.
Stoll issued the sentence after Ealey waived his right to a jury recommendation.
“I would say I want to commend Travis Partney and (assistant prosecuting attorney) Steve Jerrell for their hard work getting justice for the victim’s family,” Wegge said.