Fort Payne Man Pleads Guilty in Fred’s Robbery, Shooting in 2012

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Kelly Jack Mayo (Photo: DeKalb County Sheriff's Office)

Kelly Jack Mayo (Photo: DeKalb County Sheriff's Office)

Kelly Jack Mayo (Photo: DeKalb County Sheriff’s Office)

RAINSVILLE, Ala. (WHNT) – A Fort Payne man accused of shooting two people at Fred’s store in Rainsville in 2012 has pleaded guilty.

Kelly Jack Mayo pleaded guilty to two counts of attempted murder Thursday in the shootings of Matthew Whitt and Josh Nance.

DeKalb County District Attorney Mike O’Dell said this was the result of a plea bargain agreement between prosecutors, the victims of the shooting and Mayo and his lawyer, Stephen Bussman.

“Deputy District Attorney Bob Johnston and I previously had been meeting with our victims, Josh Nance and Matthew Whitt, concerning the proposed settlement in these cases. Both advised us that they approved the agreement and wanted to go forward with the guilty pleas,” said District Attorney O’Dell.

Mayo appeared before Circuit Judge Randall Cole on Thursday, who sentenced him to 25 years in prison on each count. Mayo must also pay court costs and restitution.

Matthew Whitt, 41, uses a cane to get around. He witnessed Mayo’s guilty plea in person. Josh Nance, 27, is still confined to a wheelchair from his injuries. He took part in the negotiations by phone, O’Dell said.

Both men were working at Fred’s the night of August 24, 2012, when investigators say Mayo came after closing time and robbed and shot both of them in the back.

“It has been a long, arduous journey for both these men,” said O’Dell. “They have shown great courage and determination in their efforts to recover from this senseless attack. Although they have made tremendous progress, they both have a long way to go to return to physical normalcy in their lives. Through this process, however, they have never wavered in their pursuit of justice. I believe both men will now be able start the emotional healing process since Mayo has been brought to justice and has been held accountable for his egregious acts perpetrated against them.”

Mayo’s trial was scheduled to begin Monday.

Mayo was arrested in October 2012 in Cedartown, Georgia after a robbery at a Fred’s there. He faces more charges in that case. He was previously employed by a Fred’s in Georgia.

Read past coverage of this case on

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    • June D Barriga

      This is kens youngest brother.The father died in 1981,brother kevin died in 1998. kelly had no intention of hurting anyone ,only to scare&get his backpay that was withheld from him.unfortunately he flipped out & becamed someone else,not the loving &givingfamily man that we all loved so very much.there is a lot more to the tragic life he has been living without talking or sharing with anyone. he is very remorseful for everything that happend to all families involved. he cries & prays everyday for forgiveness.

  • Jan

    He was so remorseful, he went and robbed another store in Georgia according to the article. He shot two men in the back and ruined their lives. He can cry all the he wants but there is no excuse for what he did. We’ve all had bad things happen to us. I was abused by my mother, physically and emotionally. I’ve had my head beat against the floor. Yet I have not robbed a store or shot anyone, much less in the back. (A cowards act). He gets no sympathy from me. If the article is true, he couldn’t be all that remorseful if he turned around and robbed another store. Perhaps what he is really remorseful about is getting caught? Lots of people live tragic lives. All of us don’t take it out on innocent people. He’s tears are not going to get those men their health back or the one out of a wheelchair. BS he didn’t mean to hurt anyone. No one forced him to raise the gun and shoot those men in the back. He intentionally raised that gun and pulled the trigger, so yeah, he meant to hurt them. The gun didn’t go off by itself.

  • Tony

    Let’s see.. Hurt other people because you we’re hurt?? Ok… The devil WILL be waiting for him. Let him pray to him.. Every night.. He will have plenty of time to do so.

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