A tentative new trial for a Dothan man convicted in a 2015 murder has been set for November after an appeals court overturned the conviction noting the defendant was deprived of a fair trial.
Andrea Duhreal Flagg, 34, was convicted in 2017 for the December 2015 murder of 33-year-old James Gillard and sentenced to 50 years in prison.
A new trial date is scheduled for Nov. 4 in Circuit Judge Larry Anderson’s courtroom.
The Alabama Court of Criminal Appeals overturned Flagg’s murder conviction.
Gillard died from two gunshots delivered at close range, according to court records.
A warrant was previously issued for Flagg’s arrest after his murder conviction was overturned. Rather than sending Flagg to Houston County, where a hold was placed on him, the correctional facility released Flagg.
Houston County deputies and U.S. marshals located and apprehended Flagg on July 17.
According to court testimony during a bail hearing in 2016, police said they have cell phone video showing Flagg pointing a gun at Gillard moments before the shooting. Testimony indicated Flagg is seen pulling the trigger twice with the gun pointed in Gillard’s direction. The gun appeared to “dry fire” and Flagg left the view of the camera for a moment when two gunshots are heard.
Court documents show in 2016 Flagg pleaded not guilty by reason of mental disease or defect.
Flagg was found competent to stand trial, and in August 2017 requested the court allow him to represent himself.
Just before his trial, Flagg moved again to dismiss the charges against him based on the denial of his right to a speedy trial. That motion was denied. On Sept. 18, 2017, Flagg’s trial began, ending two days later with a guilty verdict. Flagg was sentenced as a habitual felony offender to 50 years’ imprisonment. Flagg filed a timely notice of appeal.
Flagg is currently in the Houston County Jail on a $500,000 bond, and a no bond on a new charge of disarming law enforcement.