Man convicted of shooting a 68-year-old in the head says co-defendant is the killer
More than a decade after a jury found Bradley Mullins guilty of murder, he maintains his innocence and says he should get a new trial.
A jury found Mullins guilty of shooting a man in his Loris home during a 2008 robbery. This week, Mullins filed a post-conviction relief request and said his case should be heard again because his previous lawyer was ineffective. Mullins argued that it was not him, but a co-defendant who delivered the fatal blow.
A post-conviction request allows a defendant to highlight problems in their case, often with their attorney. Mullins detailed his arguments in a 20-page, handwritten filing.
In September 2008, police found 68-year-old Kelly Joe Elliott dead in his Loris area home. Mullins and three other men - Anthony Earl Ray, Arlie Eugene Mullins and Charles Mullins - were all charged in connection to Elliott’s death. Police did not arrest the suspects until years after the crime.
Bradley Mullins was convicted of murder and first-degree burglary. He is being held in a Virginia prison on two life sentences. Mullins is serving his time in Virginia to be closer to his family, officials said.
In the latest request, Mullins stated a lawyer during a previous post-conviction request was ineffective as he did not investigate the case and did not call witnesses during a hearing.
During a trial, Ray testified the group went into the home by breaking a windowpane. Once inside, an armed Elliott confronted the burglars, according to court documents. Ray told Elliott to put down his gun and then shot him. Ray said Bradley Mullins got on top of Elliot and then shot him in the head.
However, Bradley Mullins stated in his most recent post-conviction request that he is innocent and if his lawyer called Ray during the hearing, people would have learned that it was Ray who committed the crime.
Bradley Mullins also said other people made written statements and should have been called to testify at an appeal hearing. He said one witness said they saw Elliott on top of Bradley Mullins, when Ray approached and shot the victim in the head as Elliott begged for his life.
This story was originally published January 19, 2021 at 6:00 AM.
