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Sep. 23—The trial of a Huntsville man accused of killing a woman in a Decatur Walmart parking lot in 2022 is scheduled to move forward in November after his attorney declined to challenge the state’s finding that he is competent to stand trial at a hearing Monday in Morgan County Circuit Court.
Preston Lamar Nelson Jr., 36, appeared in court shackled and dressed in black-and-white jail clothing, standing beside his court-appointed attorney, Patrick Caver of Hartselle. Judge Charles Elliott said the hearing centered on Nelson’s competency, citing three reports in the case — one from June 2023, another on May 2 of this year, and the most recent filed electronically on Aug. 22. When asked if the defense had anything to present, Caver said no.
“I find that you are competent to stand trial in this case,” Elliott told Nelson. “You can still reserve any defenses that you wish to for trial, but for purposes of the competency hearing, I find you competent to stand trial.”
The Alabama Department of Mental Health determined last month that Nelson was competent and returned him to Morgan County Jail, where he is being held in lieu of a $500,000 bond.
In a motion filed in August for a subsequent competency hearing, Caver said he had received a forensic evaluation from Taylor Hardin Secure Medical Facility. A state psychiatrist concluded Nelson was competent to stand trial and no longer posed a substantial threat of harm to himself or others. While Monday’s hearing was originally scheduled to contest those findings, Caver ultimately accepted them.
Circuit Judge Stephen Brown first ordered a competency test for Nelson in January 2023, ruling the examination be conducted on an outpatient basis at a facility designated by the commissioner of the Department of Mental Health.
Nelson was charged with murder on Aug. 26, 2022, a day after police said he intentionally accelerated his vehicle in reverse and struck Huntsville resident Sherry Sain, 64, as she walked in the parking lot of the Walmart Neighborhood Market at 1203 Sixth Ave. S.E.
In a September 2022 motion, Caver requested a court-ordered mental examination, writing that his client had very limited memory of the night Sain was killed and was experiencing auditory and visual hallucinations. Caver also said Nelson had a history of mental health issues dating back to his teenage years.
Witnesses told police Nelson had parked his Mercury Grand Prix in a handicapped space before accelerating in reverse and pinning Sain against another vehicle. One witness said Nelson returned to her body.
“He got out of the car and came running back up here, kneels down beside (Sain) and takes his hands and rakes her blood all over his face,” the witness said. “It was unreal, the look in his eyes. His eyes were so huge.”
Nelson attempted to drive away, but his vehicle stalled. Bystanders confronted him, telling him he had killed someone, according to witnesses. A police affidavit said Nelson also tried to flee when officers arrived, but he was detained.
Elliott said Nelson’s jury trial is scheduled for Nov. 17, with a settlement conference set for Oct. 30.
— wesley.tomlinson@decaturdaily.com or 256-340-2442.
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