Gerald Lee Hogue’s long-running Perry County murder conspiracy case has been pushed back again, this time because his attorney is scheduled for surgery later this month.
Circuit Judge Donald McMillan issued an order Feb. 10 granting a defense motion to continue the trial, which had been set for the week of Feb. 23. The judge reset the case for the week of July 20, 2026, and noted that Hogue is currently being held on a revoked bond, where he will remain until the jury trial is held. The order cautions that no further continuances should be filed by either side, saying they “will not be granted.”
Hogue, a Missouri resident, was indicted in Perry County in connection with a 2021 shooting in Marion and faces charges including conspiracy to commit murder, attempted murder, and multiple counts of discharging a firearm into a building and a vehicle. He was out on bond when he failed to appear for a scheduled jury trial last year, leading the court to order bond forfeiture and to treat him as a fugitive. He was later located in St. Charles County, Mo., where he was jailed on forgery charges with an Alabama detainer lodged against him, and was eventually returned to Alabama custody.
In a motion filed Feb. 11, defense attorney Brandon Wooten told the court he is required to undergo a surgical procedure in Atlanta on Feb. 20 and has been advised he will be unable to work until at least Feb. 27. He argued that attempting to try the case while he is recovering and on prescribed medication “could impair his ability to adequately prepare for trial or effectively represent the Defendant in court,” and that forcing the case to go forward under those circumstances would prejudice Hogue’s right to effective assistance of counsel.
Wooten asked the court either to continue the trial to a later date or, if that request were denied, to allow him to withdraw from the case. Judge McMillan chose instead to continue the case to July while keeping Hogue in custody. The new trial setting means jurors will not hear the case until more than five years after the Marion shooting that first led to Hogue’s arrest.
