Jay man coming off death row

A Jay man who admitted to killing his father-in-law and was convicted of capital murder and sentenced to death has been removed from death row and a new trial has been ordered following a ruling from the Alabama Court of Criminal Appeals.

Brett Richard Yeiter was convicted in Escambia County (Ala.) Circuit Court of capital murder in the death of Paul Phillips, 69, on Oct. 27, 2014. Phillips was the pastor of Books of Acts Holiness Church and was found shot to death while inside his truck parked outside the church on Jimmie Sellers Road.

Yeiter admitted to having a conflict with Phillips and left the church to get his gun. He then admitted to using the .20-gauge shotgun to shoot Phillips.

Yeiter then fled the scene and was later arrested in the panhandle of Texas. During his recorded statement to sheriff's deputies, Yeiter admitted that he had killed Phillips and told them he would do it again.

However, during his confession, Yeiter referred to his prior convictions that included a felony and a 15-year prison sentence.

Yeiter's attorneys Chuck Johns and Kevin McKinley objected to the introduction of the taped confession being introduced at the trial. Circuit Judge Bert Rice overruled the objection and let the entire confession, including references to his past criminal history, be read to the jury.

"We hold that the trial court erred in admitting evidence during the guilt phase about Yeiter's prior convictions and incarceration and that the erroneous admission of that evidence was not harmless.

Thus we reverse Yeiter's conviction and death sentence," the appeals court ruling read.

In the motion to the Court of Criminal Appeals, Johns and McKinley mentioned that Yeiter's statement in its entirety contained inadmissible evidence of his prior arrests and convictions. The appeals court agreed.

Judge Chris McCool issued a dissenting opinion on the reversal of the conviction and verdict stating "I disagree with the main opinion's decision to reverse Brett Richard Yeiter's capital murder conviction and death sentence based on the trial court's admission of evidence concerning Yeiter's prior convictions. I believe that the admission of that evidence was, at most, harmless error."

McCool went on to say that "While I acknowledge the potentially prejudicial nature of evidence of a defendant's prior convictions, I believe that, under the specific facts of this case, the admission of Yeiter's statements about his prior convictions was harmless. Those statements were passing statements that were volunteered by Yeiter during his extensive interview with law enforcement officers and the evidence of Yeiter's guilt was overwhelming."

Escambia County District Attorney Steve Billy said he expects the Alabama Attorney General's Office to appeal the court of appeals ruling to the Alabama Supreme Court.

Yeiter may be returned to the Escambia County Detention Center in Brewton until the Supreme Court rules or a new trial is ordered.