D.A. dismisses murder charges against husband

Wife's body found in truck's toolbox

Wednesday, Nov. 28, 2007

By Marcie Young
Charlotte Observer Staff Writer

Almost two years after Emily Anderson's body was found stuffed in the toolbox of her pickup, the district attorney's office on Tuesday dismissed murder charges against her husband and said it would re-evaluate the case if new evidence comes in.

But lawyers for Jerry Anderson, 48, who has been free since his murder trial ended with a hung jury in July, say they doubt new charges will be brought against the Caldwell County dairy farmer.

"For all practical purposes, I think this is it," said his attorney Lisa Dubs.

Emily Anderson was last seen alive Dec. 29, 2005. Ten days later, the 49-year-old woman's Chevrolet Silverado pickup was found in a Duncan, S.C., restaurant parking lot, about 100 miles from their farm in the town of Sawmills. She had been shot twice.

Jerry Anderson was charged in the death, but Gaston County jurors split 11-1, with the majority voting not guilty.

Since being released, Anderson has been living with friends near the farm. He could not be reached Tuesday evening. But Dubs said he was "obviously very pleased."

"He's avoiding attention right now and taking some time for himself," she said. "(But) he's always told us that the right thing was going to happen, and he has never faltered in his faith that he would be exonerated."

But for Mike Griffitt, Emily Anderson's brother, the dismissal doesn't end the case.

"We're not through with him," said Griffitt, who lives in Nicholasville, Ky. "Dismissing the case doesn't mean he can't be recharged with a crime. ... There's no doubt in my mind that he did it."

Court documents showed that Emily Anderson had more than $4 million in life insurance, and authorities originally said they believed at least part of the motive in her slaying was financial gain. Witnesses said they saw the couple arguing, and lawyers on both sides agreed the marriage of more than four years was strained.

District Attorney Jay Gaither's office, in a press release sent by the lead prosecutor, Assistant District Attorney Eric Bellas, said it will look at any new information in the case. The office "remains committed to the prosecution of the person or persons responsible for Emily Anderson's murder," the statement said.

Several messages left with Gaither and Bellas were not returned Tuesday, and the statement did not say whether Jerry Anderson is still a suspect or whether the district attorney's office would consider charging him again.

The case's lead investigator, Maj. Jeff Stafford of the Caldwell County Sheriff's Office, said authorities are looking for more evidence that could help solve the murder.

"If we feel comfortable bringing something against this man again, then we'll bring what we find to the D.A.'s office. Or if we find something else, we'll bring that to the D.A.'s office," he said. "We'll go where the evidence points us."

Family and friends of Emily Anderson, including some of Jerry Anderson's supporters, are offering a $3,500 reward for information that leads to a conviction in her killing and have created a Web site, http://www.emilygriffittanderson.com/, to solicit information about her death.

Friends of Jerry Anderson, many of whom attended most of his 10-week trial, said they hoped investigators would be able to figure out who killed his wife.

"I'm thrilled that he's able to get back with his life," said Jennie Wilson, a friend of Emily and Jerry Anderson. "I just hope they can find who did it."

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