Nixon acquitted of attempted murder

Published 11:01 pm Thursday, October 23, 2014

A Covington County jury deliberated for approximately 30 minutes Thursday before finding a Pigeon Creek man not guilty of two counts of attempted murder and one count of discharging a firearm into an occupied vehicle.

The charges relate to a July 3, 2012, incident in which Rebecca Stokes, then 25, of the Harmony Church Community, was injured by bullet fragments over her eye and above her ear, according to Star-News archives. In 2012, Stokes’ mother told The Star-News that doctors did not remove the fragments because they were not life threatening and her daughter had no insurance, but they advised that she see a surgeon to have them removed.

Defense attorney Riley Powell, who represented Bobby John Nixon, said the victim testified that she was high on meth, opiates and marijuana at the time of the incident, and that she could not identify Nixon.

The victim was in the vehicle with Houston Kervin, who said that Nixon was the shooter.

“Basically, the only evidence was that Mr. Kervin said he did it,” Powell said.

Powell said forensics could not determine that the bullet fragment matched the caliber of the gun allegedly used.

Chief Assistant District Attorney Grace Jeter, who prosecuted the case, said forensics were inconclusive.

Additionally, Powell said Kervin did not immediately transport the victim to the hospital, but that his mother later took the woman to the emergency room.

Jeter said, “I appreciate the jury’s hard work and consideration in this case. It was not an easy one for them to decide because there was very little physical evidence for them. It is always difficult for the prosecutor when you can’t prove your case, but the jury did their jobs as jurors and I appreciate them.”

Powell also expressed his appreciation to the jury.