The attorney for Gary Eugene Holmes tried to quit Monday, a day before Holmes' trial for first-degree murder, but a circuit judge said he saw no reason to delay the trial and denied the lawyer's request.
"You're making me go to trial with someone I don't want," Holmes told Pulaski County Circuit Judge Barry Sims.
Holmes faces two options when he comes to court this morning -- accept a 40-year, no-parole sentence or face a jury that could send him to prison for life in the 2016 killing of a 3-year-old boy.
The 34-year-old Little Rock man is accused of firing the gunshot into the back of a car that killed Acen Ahmeer King eight days before Christmas almost two years ago.
Sims laid out Holmes' choices after denying a request by Ron Davis to quit representing Holmes and turn his client over to the Public Defender Commission. Holmes also said he had fired Davis.
Davis said he will be ready to proceed today and live up to his professional commitment to serve as Holmes' advocate. Jury selection is scheduled to begin at 9 a.m.
Holmes is charged with first-degree murder and committing a terroristic act. He surrendered five days after Acen was shot. He told detectives that he had forgotten he had the gun in his hand and that the weapon fired accidentally.
Police say he was angry because Acen's grandmother had cut him off in traffic.
With convictions for armed robbery and sexual assault, Holmes cannot qualify for parole if he's found guilty of another violent offense. Prosecutors offered a 40-year sentence for a plea after initially offering a 60-year term.
Holmes told the judge he has fired Davis, but the judge refused to release Davis, saying that Holmes has done nothing to replace the attorney in the 18 months since Davis took on his case.
Holmes has not hired a replacement nor has he asked for a public defender, until Monday, the judge said. Holmes even submitted a letter to the court asking that he not be forced to accept a public defender, Sims said.
Holmes first complained about Davis at a June hearing. Davis told the judge then that Holmes' grievances, delivered in open court, had taken him by surprise and that those baseless complaints made him want to quit.
On Monday, Davis told the judge he's made arrangements for public defenders to take over representation of Holmes if the judge would permit him to withdraw as Holmes' counsel.
The defendant has been deliberately slandering him, and he is not interested in representing someone who is trying to smear his professional reputation, Davis said. Those accusations have already scared away a client who would have paid him $15,000 fee for a murder case, Davis told the judge.
Holmes on Monday, speaking directly to Sims against Davis' advice, again complained about the attorney. Davis, saying client confidentiality prevented him a from fully discussing Holmes' grievances, said the defendant just doesn't like to hear his professional advice and has accused him of colluding with the victim's family.
"Our conflict is, he doesn't like what I tell him," Davis said. "Just because I tell you something you don't like doesn't mean I'm not on your side."
Holmes has criticized Davis for not further exploring an insanity defense. Davis, again restricted about how much he could disclose, said his pretrial discussions with Holmes, coupled with the evidence, do not give him a "good faith" basis to pursue such a defense.
Sims urged Holmes to carefully consider what he wanted to do, weigh the evidence against him and listen to the advice of his attorney. He even took a break to allow Holmes to consult with his mother.
"I want you to search your heart and search your soul," the judge said. "Pray on this. Meditate on this. Do you really think you can beat these charges?"
He also recommended that Holmes carefully consider whatever Davis has advised him, praising the attorney as one of the best he's seen.
"If I was in trouble or one of my kids were in trouble, Ron Davis is the first person I would call," the judge said. "Mr. Davis is a good lawyer and I hold him in the highest esteem.''
Metro on 08/21/2018