“Two years and nine days — all I have wanted is my son back,” said Susan Mulkey, mother of slain Lee County Sheriff’s Deputy James Anderson. “Today is a good day.”
The jury took about three hours on Tuesday afternoon to find Henderson guilty of capital murder in the 2009 death of Anderson.
Henderson’s attorney Jeremy Armstrong said the verdict was disappointing, but the defense team respected the jury’s finding.
Wednesday morning, the jury will begin the penalty phase of the trial where it will recommend life in prison without the possibility or parole or the death penalty.
Lee County Circuit Court Judge Jacob A. Walker III will consider the jury recommendation and sentence Henderson at an unnamed date.
Henderson, 39, of Columbus, Ga., killed Anderson while fleeing from a traffic stop for a swapped license plate along Lee Road 240 in Smiths Station on Sept. 24, 2009.
Henderson’s intent as he ran over the deputy was the key question of the trial as prosecutors argued Henderson meant to run over Anderson, while the defense claimed his death was an unfortunate accident.
The defense argued since Henderson did not intend to kill Anderson, he should be convicted of a lesser charge such as murder, manslaughter or criminally negligent homicide. The maximum sentences for the lesser charges range from 10 years to life in prison.
The state said Henderson showed little regard for Anderson, noting the defendant continued to press the accelerator after the deputy was trapped beneath his car.
During closing statements, assistant district attorney Kisha Abercrombie dismissed claims by the defense that Henderson’s ability to reason was impaired by drug use.
“He tried to go forward, he tried to go backward, and he dug a hole deeper and deeper until he realized he was not getting away. That is consciousness,” Abercrombie said.
Lee County District Attorney Robbie Treese said Henderson’s intent was to avoid the deputies at any cost.
“The weapon is a car, the trigger is a gas pedal, the magazine is a transmission,” Treese said. “He made a deliberate choice. Punching the gas is the same as pulling the trigger.”
Treese said Henderson’s intent was made clear in testimony by Anderson’s partner, investigator Katie Bonham, and a dashboard camera video from the deputies’ patrol car.
Bonham testified she fired twice before Henderson stopped pressing the accelerator.
On audio from a dashboard-camera video, Bonham threatens to shoot Henderson if he does not comply with orders to stay on the ground. Henderson cries in the background and begs to help Anderson.
Abercrombie noted Henderson was able to follow the directions of Bonham after his detainment.
“Ladies and gentleman, there is no evidence in this case that the defendant was incapable of discriminating between right and wrong,” Abercrombie said.
Anderson died of traumatic asphyxia from being trapped beneath the car, according to a state forensic pathologist who conducted the autopsy.
During closing remarks, Armstrong argued Henderson was impaired from the use of methamphetamine, and there was reasonable doubt whether he intended to kill Anderson.
“This is a horrible traffic accident that resulted in the death of a law enforcement officer,” Armstrong said. “But it is not capital murder.”
Armstrong reminded the jury of testimony by a toxicologist at the state lab and a nurse at the Russell County Jail that methamphetamine was found in Henderson’s system.
Walker said for intoxication to be a defense, the jury must find Henderson was impaired to the point of insanity and unable to form intent.
“This is not a cold-blooded, cold-hearted killer as the state wants you to believe,” Armstrong said.
The defense rested after about an hour of testimony on Monday morning. The prosecution rested on Friday after two days of testimony.
On Tuesday afternoon, Mulkey and the rest of Anderson’s family shared hugs with Bonham and other the Lee County deputies who filed into the courtroom after the verdict was read.
“I think the verdict was a just verdict under the circumstances,” Lee County Sheriff Jay Jones said.
Jones described Anderson as a good officer and a good person who was devoted to serving the community.
“It’s been a difficult week, a difficult time,” Jones said. “The memories it brings back.”
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