A Webster County grand jury will decide whether to return an indictment against a man charged with murder following a fatal shooting earlier this month.
Charles Jarmaine “Too Short”’ Potts, 34, of Weir had a preliminary hearing July 24 in Webster County Justice Court. He is charged with first-degree murder in the July 7 shooting death of 27-year-old Earl Jerome “Bos Jbo” Cullum of Eupora.
Judge Jerry Jones found probable cause for Potts to be bound over to the action of the grand jury after hearing witness testimony. Jones set a secured bond of $75,000 for Potts after hearing recommendations from county Prosecuting Attorney Henry Ross and defense attorney James Powell of Grenada.
The judge made the bond returnable to Dec. 10 in Webster County Circuit Court, when the current grand jury will be recalled. Potts was freed after posting bond about two hours after his hearing, according to Webster County Jail records. He had been held without bond since his arrest the same day as the shooting. Jail records show he had been transferred to the Oktibbeha County Jail the night of July 8 but was brought back to Eupora on July 10.
Cates’ testimony
Ross called two witnesses for the state, Deputy Dillion Cates of the Webster County Sheriff’s Department and Kayla Liggins, who remained outside the courtroom while Cates took the stand first.
The deputy said he was initially dispatched to a disturbance call at 2:59 a.m. that Sunday at 418 MS Hwy. 182 W. While en route, he said 911 calls were received of a shooting at the same location.
When he arrived, Cates said a large crowd was gathered outside. He said some people were carrying a male bleeding from the face, placed him in a private vehicle and took him to North Mississippi Medical Center-Eupora. The man, later identified as Cullum, died at the hospital from gunshot wounds.
Cates said before he left to assist city police with crowd control at the hospital, Liggins stated Potts had shot Cullum. According to Cates, witnesses said Potts had fled on foot and officers did not find him at the scene.
The Sheriff’s Department said in a previous release that Potts was taken into custody at 6:22 a.m. that day by deputies and the Eupora Police Department. Cates said Potts was picked up after an off-duty officer saw him walking alongside Highway 82 about 1 mile west of the Highway 9 exit, and that he did not attempt to run.
Cates said one of the people he interviewed was the victim’s mother, Samantha Cullum, who was in a dating relationship with Potts. They had gone to the VIP Lounge in Kilmichael, as had Jerome Cullum and others in a separate vehicle, according to testimony by Cates and Liggins.
Cates said Samantha Cullum told him that after leaving the club, Potts started hitting her in the car. Cates said her top lip was swollen when he saw her at the hospital later. However, under defense questioning, Cates said Potts told him they had a verbal dispute only. Samantha Cullum told Potts to let her out at her uncle’s house (where the shooting later occurred) and texted her son (Jerome) to tell him that Potts was hitting her, Cates testified.
After both cars arrived at the house, Jerome Cullum asked Potts why he was disrespecting his mother and struck him, witnesses told Cates.
They said Potts staggered backwards, pulled a gun and fired shots within a matter of seconds, striking Cullum in the face by his nose, according to Cates. He said no one stated Cullum had a weapon nor was one found in his clothing at the hospital or at the scene.
Cates and Liggins also testified that Samantha Cullum’s brother, Gregory Patterson, also fired a handgun when he arrived, which was before Potts fled the scene. Witnesses, according to Cates, said several rounds were fired at Potts and into the passenger side of his vehicle. Potts, who was not hit, was then reported to have run behind the house into the wood line, Cates related.
“All witnesses said he was firing at the crowd as he ran from the scene,” the deputy testified. Under defense questioning, Cates said Potts stated he fired a warning shot in the air because of the crowd.
Cates testified that Potts said he threw the weapon on the ground, but it was never recovered. An autopsy was performed but Cates said the caliber of shots fired had not yet been determined because all ballistics results were pending. However, Cates did say Potts stated he had a .38-caliber revolver, and the deputy said the bullet holes in Potts’ car were consistent with those from a 9mm handgun. Additionally, he said Potts’ vehicle was not near where the victim collapsed.
When Ross asked Cates how many witnesses said they saw Potts shoot Cullum, he replied that four did. Cates, noting that many witnesses were on scene, confirmed that the investigation continues.
Liggins’ testimony
Liggins, who was a passenger in the car Cullum was driving back from the club, said he received a call from his mother in addition to texts that they (she and Potts) were “all over the road fighting in their car.”
Liggins testified that when they arrived at the house, Cullum asked his mother to get in his car but she refused to leave. Liggins described the confrontation between Cullum and Potts as a heated argument. Referring to Potts staggering after Cullum hit him in the face, she claimed Potts was “clearly intoxicated.”
Liggins said Potts pulled a gun out as he was staggering, shot Cullum and then “began shooting at everybody.” She said Patterson pulled up while Cullum was shooting and began returning fire with his gun, and that they were the only people there shooting.
Bond discussion
The defense called no witnesses. While discussing bond, Powell said Potts has no previous record and asked Jones to set a reasonable bond. Sheriff Andy McCants confirmed that Potts had never been in trouble as far as he knew.
Ross recommended a bond of $100,000 and Powell asked that it be set at $50,000 before Jones settled on $75,000.
According to the Mississippi Code, first-degree murder carries a sentence of life in prison. The law defines first-degree murder as an action carried out to deliberately kill an individual.
