Danville man not guilty of murder; gets 17 years on other charges

The man who was on trial for the shooting death of Johnny Flando Calloway in what the state called a “drug robbery gone bad” was acquitted of murder Thursday but got 17 years in prison for robbery and firearms charges.

A Pittsylvania County Circuit Court jury — after deliberating for about four and a half hours — found Jerry Wayne Gwynn Jr., 33, of 634 Monument St., not guilty of first-degree murder, shooting in an occupied dwelling and several other charges.

However, jurors handed Gwynn — after a sentencing hearing Thursday afternoon — 12 years for attempted robbery, being a principal in the second degree in a burglary and using a firearm during an attempted robbery. In a separate ruling, Judge Charles Strauss gave Gwynn an additional five years for a charge of possession of a firearm while a violent felon.

Gwynn had been charged in connection with the killing of Calloway, 31, during a double shooting at Calloway’s residence on Aug. 1 at 404 Coleman Estates Road. Terry Dwayne King, 32, was also killed during the incident, and authorities believe Calloway shot King, and then Gwynn shot Calloway.

Shortly before midnight on Aug. 1, county sheriff’s deputies received a call that two people had been shot at the residence just outside Danville. Deputies found King and Calloway lying inside the home. EMS personnel pronounced them dead at the scene.

Chief Deputy Assistant Commonwealth’s Attorney Bryan Haskins said Gwynn was charged with being an accomplice to King, with the intent to rob Calloway, who was defending his home when he was shot, Haskins said. The state used cell phone records to tie Gwynn to the shooting.

However, defense attorney Carolyn Furrow said there was no forensic evidence placing Gwynn at the scene and the commonwealth could not tell the jury what type of gun killed Calloway. Also, the cell phone the state used as evidence belonged to Gwynn’s mother and there was no proof of a drug robbery, Furrow said.

During the sentencing phase, Calloway’s mother, Mildred Calloway, said of her son, “He was my heart. He would do anything for anybody.”

“My life will never be the same,” Calloway said, adding that Johnny’s young son misses his father.

Elroy H. Gwynn, Jr., Gwynn’s great uncle, said his son was a mentor to Gwynn, who was respectful. Gwynn, a father of two, had just received custody of his 8-year-old daughter, his great-uncle said.

Furrow said there are times when people make the wrong decision, and the incident in August was a “moment in time” that does not define Gwynn for the rest of his life. Gwynn could contribute to society and is a father, Furrow told the jury.

Haskins pointed to Gwynn’s criminal record, which includes past convictions for burglary, misdemeanor larceny, possession of cocaine and eluding police.

“The best predictor of future behavior is what he’s done in the past,” Haskins said.

Gwynn has been a criminal almost his whole life, Haskins said.

“Since 1996, he has lived a life of crime,” Haskins said. “It is time to pay the bill.”

During an interview after the sentencing hearing, Haskins said he always respects the jury’s decision. Also, “beyond a reasonable doubt is a high standard,” he said.

Furrow said the jury did an exceptional job and gave the case a lot of thought.