19-year-old murder case back in Saline County courts
</element><element id="paragraph-1" type="body"><![CDATA[A 19-year old murder case is back in Saline County Circuit Court.
Quentin D. Holmes, also known as Quentin Fitzgerald, 48, was sentenced in November 1994 by former Judge David Nelson to 100 years in prison for the murder of Earl Wayne Gulley, Carrier Mills, and 5 years in prison for stealing some items from Gulley's home, with the sentences to be served consecutively.
Holmes is currently incarcerated at Menard Correctional Center.
The case has been appealed several times since. Most recently, a panel of judges from the Fifth Appellate Court ordered the case back to Saline County for further action, saying Holmes' attorney did not provide adequate assistance with a post-conviction motion.
Holmes filed an appeal on March 1, 2001 stating he was not made aware of the possibility of an extended term of 100 years or else he might have accepted a negotiated plea agreement offered by then-State's Attorney Rod Wolf. The normal sentencing range for first-degree murder is 20 to 60 years unless aggravating factors are present that could warrant an extended sentence.
The attorney representing Holmes during that appeal did not include any documents or affidavits to support the contention. Holmes argued this amounted to his attorney providing unreasonable assistance.
The appellate panel agreed with Holmes and sent the case back to Saline County Circuit Court for hearings on Holmes' original petition.
The case is set for a hearing 11 a.m. Aug. 27 by Judge Todd Lambert. The case is assigned to Public Defender Todd Bittle as attorney for the defendant. Pope County State's Attorney Janet Proctor is handling the case as a special prosecutor.
Earl Wayne Gulley was shot to death Nov. 24, 1991 at his residence near Carrier Mills. About a week before he was shot, 14 firearms were stolen from Gulley's mobile home. Gulley and his nephew, Jerry Gulley, went to Holmes' residence to see if he would assist in getting the stolen guns back. A couple days later, Holmes brought five of the 14 stolen guns back to Earl Wayne Gulley. Gulley gave him $300 for the guns and $100 for his trouble. Two days later, Holmes returned seven more firearms and received $500 for the guns and $100 for his efforts.
About 8 p.m. Sunday, Nov. 24, 1991, Holmes went to Gulley's mobile home accompanied by Rodney Williams. Holmes said the visit would only take a few minutes; Williams initially waited outside, according to court documents.
Williams testified he came in the house after some time passed. After talking some more about getting the guns back for Gulley, Holmes announced he was ready to leave, got up, and took a shotgun off the table. While Gulley and Williams were both seated, Williams heard a shotgun blast and saw "Gulley just get blowed up against the wall," according to court documents.
Williams got the shotgun away from Holmes, placed it on a chair and asked Holmes why he shot Gulley.
Holmes said everything would be all right and Williams should calm down. In order to make the shooting look like a burglary, Holmes removed some ammunition boxes and briefcases from the residence.
Holmes threw the gun in the Carrier Mills reservoir and took Gulley's belongings to a gravel area near some old railroad tracks, court documents indicate.
Holmes initially tried to blame Jerry Gulley for Earl Wayne Gulley's death. Holmes said Jerry Gulley drove up while Holmes was at the residence. An argument ensued and Holmes left, according to Holmes.
Police questioned Jerry Gulley and determined he couldn't have been near the mobile home at the time of the shooting.
Holmes then told former Deputy Jim Wheatcroft he shot Earl Wayne Gulley in self-defense when he was reaching for a gun after accusing Holmes of stealing the firearms.
Holmes accompanied Wheatcroft to the Carrier Mills reservoir to show him where the gun was hidden.
The physical evidence at trial indicated Gulley was not facing Holmes when he was killed, which supported Williams' testimony that self-defense was not involved, according to court documents.