Story highlights Jacquees Boone shot man whose mom helped police in drug probe, records say

2 brothers killed before Boone's second trial in 2014 shooting reaches conclusion

(CNN) It sounds like a scene from a Mafia movie: Minutes after the brother of an assault victim testifies for the prosecution, the defendant's brother fatally shoots the witness as he's driving away from the courthouse in broad daylight. The victim's other brother, who had also been scheduled to testify, was slain nine weeks prior.

But these are real-life allegations out of Alabama, where Montgomery Circuit Judge Roman Shaul on Tuesday declared a mistrial in the assault-and-attempted-murder case of Jacquees Boone.

The mistrial came after Boone's brother, Josephus Boone, was arrested and charged with capital murder in the fatal shooting of Kelvin Cooley, 31, who had just testified against Jacquees Boone.

Investigators from the Montgomery County District Attorney's Office had escorted Cooley to his vehicle Monday afternoon. He was driving away from the Montgomery County Courthouse with his sister when Josephus Boone shot him, about a half block from the courthouse, according to District Attorney Daryl Bailey and a police statement.

It appears Cooley exited his vehicle and returned fire before collapsing, police say. He was transported to Baptist Medical Center South, where he was pronounced dead the next day.

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