Defendant's health puts Hamilton County 'road rage' case in limbo

Defendant's health puts Hamilton County 'road rage' case in limbo

January 16th, 2014 by Todd South in Local Regional News

Richard Manning

MEMORIAL FUND

Friends and family of Norman Alex Gallman have set up a memorial fund for his three children with his wife, Anna Caro Gallman. Memorial contributions for Kaleb, Jayden and Gabriel should be made to the Gallman Trust fund dat SunTrust Bank.

Two men lie still - one in the grave, the other in a hospital bed.

Forever joined by a bullet.

Richard Allen Manning, 62, is accused of firing the shot that killed Norman Alex Gallman in a Dec. 17 "road rage" episode.

But Manning's cascading health problems have created a legal limbo that's preventing the case against him from moving forward and raising questions about whether he will ever be able to stand trial.

Instead of a cell, Manning lies in a bed at Erlanger under 24-hour armed guard, under treatment for diabetes, cancer and a stroke-related condition.

Manning is minimally responsive and on a feeding tube and breathing apparatus at night, said his attorney, Lloyd Levitt.

"All he does is flutter his eyes," said Levitt.

Erlanger wants to discharge Manning to long-term care.

But no local long-term care facility that's equipped to treat his conditions will accept him as long as he requires armed guards, said Hamilton County sheriff's Capt. John Swope.

Unless a judge reduces or eliminates Manning's $350,000 bond, deputies are required to guard him, Levitt said. But even if the bond is resolved and guard requirements were eased, Levitt doubts his client could participate in a hearing.

"If they get him here and he's not cognizant of what's going on, I don't know how we can go forward with a preliminary [hearing]," Levitt said.

Manning's medical condition was discussed at a Wednesday status hearing before General Sessions Court Judge Lila Statom.

But without a definitive medical opinion as to Manning's condition, Statom said she could not rule on a possible change in his bond.

Statom asked Executive Assistant District Attorney Neal Pinkston to see if one of Manning's doctors could be in court for a hearing by the end of the week. If not, the next hearing is scheduled for Jan. 28.

Manning faces charges of criminal homicide and aggravated assault following the Dec. 17, 2013, shooting that killed Gallman, 39, at the intersection of Moore Road and North Terrace.

Police reports indicate that Gallman got out of his car at the intersection and approached Manning's car, which was behind his vehicle. Manning fired a single shot. Gallman went back to his car and emergency responders found him slumped over the steering wheel next to his wife, Anna.

Manning left the scene and later was arrested at his 706 S. Lovell Ave. home in East Ridge.

Contact staff writer Todd South at tsouth@timesfreepress.com or 423-757-6347. Follow him on Twitter @tsouthCTFP.