ATHENS, Ala. (WHNT) - A frustrating and emotional scene at the Limestone County Judicial Center Monday. Joel Patrick Moyers was taken into custody for the third time for the September 2012 shooting death of Brandon Hydrick.
Moyers said nothing as he was wheeled to a waiting sheriff's department van to be transported to the county jail. His bond hearing Monday morning lasted all of about 3 minutes. Although Moyers is charged with capital murder, the Alabama Court of Criminal Appeals ruled late last year he should be entitled to bond out after prosecutors announced they would not seek the death penalty against him.
However the Alabama Supreme Court ruled unanimously that the appeals court was wrong, and that set the stage for Monday's bond hearing.
Defense attorney Dan Totten argued the supreme court ruling actually sends the matter back to the appeals court, and as a result he says the question of bond was still under appeal. Limestone County Circuit Court Judge James Woodroof disagreed and ordered Moyers to be taken into custody.
Brandon Hydrick's family says the appeals process is exhausting.
"Absolutely, absolutely, it's been a nightmare and the fact they're dragging this out has made it even worse. We're just ready for this to be over with," Hydrick's sister, Jessica Hydrick, told reporters after the hearing.
"I'd hate to see anybody go through this. I wouldn't wish this on anybody," said Hydrick's father, Phil Hydrick, as he struggled to hold back his emotions.
Unless there's another ruling from the Alabama Court of Criminal Appeals, Judge Woodroof's ruling here will stand and Moyers will remain in jail until his trial, which is now set for the week of February 23rd.
At the time of his initial arrest in 2012, Moyers told investigators he fired a warning shot at the small pick-up truck Brandon Hydrick was a passenger in. That bullet pierced the cab of the truck and struck Hydrick in the back. He was pronounced dead at the scene. Moyers was originally charged with murder but the charge was later upgraded to capital murder.