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A man convicted of trying to kill a deputy is getting a new trial. It's set to start next week in Lauderdale County.
Timothy Murphy shot and almost killed Lauderdale County Deputy Randall McCrary in 2016. His guilty conviction was overturned, because he wasn't given a second mental evaluation.
Deputy Randall McCrary told WAAY 31 he's been dreading sitting through another trial just across from the man accused of trying to kill him.
"It's just reopening a wound," said McCrary.
McCrary said he asked his family, whom he calls his support system, not to be in court because he wants to spare them the scenes of the night he was shot.
"I don't want them to have to go through it and watch it, because the videos will be showed," said McCrary. "I just don't want them to go through the process again."
In February 2016, McCrary and three other deputies were serving Murphy with commitment papers at his home on Ridge Avenue in Florence when bullets rang out. McCrary was flown to the hospital and survived, but since then, he's had health problems stemming from the shooting.
"I've been in ICU two different times since the shooting with infections, because I don't have a spleen," said McCrary.
Murphy pleaded not guilty to the shooting because of mental defect, but the state said he was competent to stand trial. He was found guilty of attempted murder and sentenced to 99 years in prison. The conviction was overturned by the appellate court because the state did not give him a second mental evaluation.
"I got a life sentence with the health issues," said McCrary.
The state once again deemed Murphy competent for his second trial. McCrary, who is also a teacher at the Limestone County Career Technical Center, told WAAY 31 his family, students and even strangers have helped him push through some dark times, and he's ready to face it again.
"I'll never forget when I came back to work. I'd be sitting at a red light and somebody would pull up beside me and say and wave and roll their window down and say, 'Glad you're back. We were praying for you,'" said McCrary.
Jury selection for Murphy's re-trial starts Monday. Since Murphy's 2017 conviction was overturned, he posted bond and has been on house arrest with an ankle monitor.
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