State court upholds Henderson conviction

Published 12:00 am Tuesday, July 27, 2010

The Alabama Court of Criminal Appeals announced Friday it has upheld the 2006 murder conviction of the man sentenced to life in prison for murdering one and wounding another as he drove by and fired a shotgun inside their Andalusia home.

On April 20, 2006, Kevin Kenneth Henderson was convicted of two counts of capital murder for the 2002 shooting death of Judy Faye Hildreth Miller, one count of attempted murder for wounding Jerry Phelps and one count of shooting into an occupied dwelling.

“(Henderson) drove by Mr. Phelps’ residence and blew a hole in one of the windows with a .12 gauge shotgun loaded with .000 buck shot,” District Attorney Greg Gambril said. “(Henderson) returned a short while later when Mr. Phelps and Ms. Miller were awake and standing near the open front door of the residence. He shot again, injuring Mr. Phelps and killing Ms. Miller, who was just inside the (Dixon Street) residence.”

Gambril said the victim’s family did not wish to pursue the death penalty in the case, and Henderson was ultimately sentenced to life without parole by Circuit Judge Charles “Lex” Short.

Gambril said he “had no doubt” Henderson would appeal his conviction and was “definitely pleased” with the court’s results.