Suspect in Hartselle fatal shooting said he intended to shoot past victim

Mar. 5—HARTSELLE — A Hartselle man charged with murder in the fatal shooting of his half-brother told police he didn't target him, but intended to shoot past him to scare him, according to an affidavit filed in Morgan County Circuit Court.

Hartselle police said they responded to a call Wednesday at about 3 p.m. about a shooting at a residence at 2102 Pinehurst St. in Hartselle and found Phillip Anthony Grigsby, 59, who had been shot once with a handgun.

Grigsby was taken by ambulance to Decatur Morgan Hospital, and Morgan Coroner Jeff Chunn said he pronounced him deceased there at 4:46 p.m. Grigsby's body was taken to the Alabama Department of Forensic Sciences in Huntsville for an autopsy, according to Chunn.

Jerry Wayne Cleek, 79, who family members said is Grigsby's half-brother, was at the scene and cooperated with police, said Hartselle Police Chief Justin Barley. Cleek was charged with murder and his bail was set at $100,000. Cleek made bond at 1:57 p.m. on Thursday, said Morgan County Sheriff's Office spokesman Mike Swafford.

The affidavit of Hartselle police investigator Tania Burgess stated that officers arrived at the residence and found Grigsby lying on the dining room floor with what appeared to be a gunshot wound.

Cleek, who was sitting in a recliner in the living room, told officers he shot Grigsby and surrendered his firearm, according to the affidavit. Medics arrived and started rendering aid to Grigsby in preparation for transporting him to the hospital.

Cleek told investigators that prior to the shooting, Grigsby made a "smart remark about not being afraid of him or his gun," the affidavit said. Cleek said he reached for the left side of his chair, retrieved his .38-caliber pistol and "shot toward Grigsby," Burgess wrote.

"Cleek said he had listened to Grigsby curse him for 12 months and he was tired of it," according to the affidavit.

— marian.accardi@decaturdaily.com or 256-340-2438. Twitter @DD_MAccardi.