Maranda Faris

The Jackson Sun

A former Henderson County sheriff could have another trial in Madison County after the Tennessee Court of Criminal Appeals overturned his 2013 conviction for attempted voluntary manslaughter.

Ricky Lunsford was convicted of attempted voluntary manslaughter in February 2013 after testimony that indicated he had shot at and attempted to kill his wife, Mary Lunsford, in April 2012.

Lunsford and attorney Mark Donahoe filed an appeal after the conviction that indicated some aspects of the trial were mishandled, according to appeals documents.

Donahoe filed an appeal saying the court failed to give proper jury instructions, excluded an email from the trial that detailed the decline of the Lunsfords' marriage, excluded evidence of Mary Lunsford's prior domestic assault charge and did not allow Ricky Lunsford to testify about his wife's "aggressive tendencies."

The conviction was overturned by the Court of Criminal Appeals on the grounds that the trial court failed to properly instruct the jury on Lunsford's charges.

Donahoe said those jury instructions failed to explain self-defense which, in Lunsford's case, meant a concern that his wife was carrying a weapon in an ankle holster.

Donahoe said he would be representing Lunsford in his second trial. Donahoe said fall of this year is the earliest he expects a possible trial date to be scheduled.

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The trial was originally heard by Judge Nathan Pride. Donahoe said the case would return to Madison County if the Tennessee Supreme Court chooses not to review the case to be heard by Judge Kyle Atkins.

District Attorney General Jerry Woodall said his office will not be prosecuting the case, but a special prosecutor would be appointed if Lunsford goes on trial again.

Donahoe said the special prosecutor assigned to the first trial has retired since Lunsford's sentencing, and a new prosecutor would need to be appointed in his place.

Harlow Sumerford, a spokesman for the Tennessee Attorney General's Office, said it is unknown who the prosecutor may be for the trial, and the office is still reviewing the case to determine whether it will ask the Tennessee Supreme Court to review the case.

Sumerford said the Attorney General's Office has 60 days after the court's ruling to review the case and file any reviews with the Tennessee Supreme Court. He said members of the office are reviewing the case to determine if they will appeal, but have not made a decision yet.

Sumerford could not immediately comment on when or where the trial would be held, or on what charges Lunsford would face if he had another trial.

Donahoe said that, since Lunsford has already been convicted of attempted voluntary manslaughter, one of the lesser included charges in his original indictment, he would only face trial for that charge.

"We prepare for this case like most every case," Donahoe said. "We will heavily review all the proof, all the witnesses. We'll have the benefit of how thee witnesses testified the first time. Typically it's more difficult for a defendant to try the case again, but we're confident that the new jury will see this case in the light that it is and will give us a good resolution."

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Lunsford was originally indicted on charges of attempted first-degree murder, employing a weapon during the commission of a dangerous felony, aggravated kidnapping and aggravated assault. He was convicted of attempted voluntary manslaughter.

Reach Maranda at (731) 425-9657. Follow her on Twitter: @MarandaFaris