Elberta man will be jailed for a year after appeals process runs out

By Bob Morgan
Posted 4/1/08

BALDWIN COUNTY, Ala. — An Elberta man, who pointed a loaded AK-47 assault rifle at his wife and small son on Dec. 21, 2002, will spend a year in the Baldwin County Corrections Center after his Rule 32 hearing was denied this week by Circuit Court …

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Elberta man will be jailed for a year after appeals process runs out

Posted

BALDWIN COUNTY, Ala. — An Elberta man, who pointed a loaded AK-47 assault rifle at his wife and small son on Dec. 21, 2002, will spend a year in the Baldwin County Corrections Center after his Rule 32 hearing was denied this week by Circuit Court Judge Langford Floyd.

George Patrick Stacey, 52, was charged with third-degree domestic violence-reckless endangerment for the offense. Stacey was bound over to the grand jury in February 2003 and indicted on May 15, 2003.

Stacey appealed his eventual one year sentence in the county jail on the domestic violence charge to both the Alabama Court of Criminal Appeals and Alabama Supreme Court.

The Supreme Court denied Stacey’s writ of certiorari or review of his case on March 14, 2008.

“Some justice has been finally served after five years and three months of living a mother’s nightmare,” said Cynthia Stacey on Friday.

She was married to George Stacey for 20 years before their divorce was finalized in June 2006.

In 2003, when George Stacey’s case was bound over to the grand jury, the charges included first-degree sexual abuse and first-degree rape in connection with a female under the age of 12. Those charges were ordered dismissed in September 2005 after Judge Floyd ruled that the State failed to comply with discovery orders regarding certain evidence.

In connection with the third-degree domestic violence charge, Cynthia Stacey said at a preliminary hearing in 2003 that her husband combined heavy drinking and prescription medications that often led to anger and violence.

The State’s evidence established that on Dec. 21, 2002, during an altercation with his wife, Stacey loaded a AK-47 assault rifle and aimed it at his wife and baby son. With the weapon strapped around his neck, he exited the house at one point and fired a shot outside.

He then reentered the house and asked his wife if she wanted to be “taken out” first.