Skip to main content
Clear icon
57º

New trial after jury met in room with Confederate symbols

Defendant’s constitutional rights to fair trial violated, appeals court says

No description found

NASHVILLE, Tenn. – A Tennessee appeals court has granted a new trial for a Black man who was convicted of aggravated assault by an all-white jury that deliberated in a room containing Confederate symbols.

The Tennessee Court of Criminal Appeals ruled Friday that Tim Gilbert deserves a new trial on charges stemming from a December 2018 altercation, The Tennessean reported.

Recommended Videos



[TRENDING: Florida Tech student chasing others with knife on campus shot, killed by officers, police say | Omicron variant cases crop up across states as Florida averages 1,552 daily COVID cases | Become a News 6 Insider (it’s free!)]

Gilbert was sentenced to six years in prison after his conviction on charges of aggravated assault, reckless endangerment, unlawful possession of a weapon by a convicted felon and resisting arrest.

His attorney appealed, arguing that Gilbert's right to a fair trial was violated because the jury deliberated in a room adorned with an antique Confederate flag and a portrait of Confederate President Jefferson Davis.

The appeal court’s ruling came after a circuit court judge denied Gilbert’s motion for a new trial.

The appeals court ruling said that allowing the jury to decide whether Gilbert was innocent or guilty in a room at the Giles County Courthouse maintained by the United Daughters of the Confederacy “exposed the jury to extraneous prejudicial information and violated his constitutional rights to a fair trial conducted by an impartial jury.”

The trial court also made a mistake by allowing a challenged witness statement, an error that “cannot be classified as harmless,” the appeals court said.