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VERDICT: Jury finds Iervolino guilty of two counts of murder in Harmon death

Micheal Iervolino

Micheal Iervolino arrives at the Pell City Courthouse Wednesday morning

PELL CITY — Michael Dale Iervolino has been found guilty of two counts of capital murder for the shooting death of Nicholas Sloan Harmon. 

A jury found Iervolino guilty Monday after almost an hour-long deliberation after both the prosecution and defense gave their closing statements Monday morning.

Harmon, the 20-year-old son of St. Clair County District Attorney Lyle Harmon, was fatally shot while returning home from his girlfriend’s apartment in Moody on Nov 5, 2019.

Irvolino had been charged with two counts of capital murder, one stating that Iervolino fatally shot the younger Harmon from inside of a vehicle,and the other stating that he fatally shot Harmon while Harmon was in a vehicle. 

Iervolino has also been charged with stealing a white Chevrolet work truck from the Best Western in Moody before the shooting, charges he pled guilty to Nov. 1.

Monday began with closing statements from the prosecution, Talladega County District Attorney Steve Giddens and Chief Assistant District Attorney Christina Kilgore, who were prosecuting the case after the entire St. Clair District Attorney’s office recused themselves.

Kilgore said the case came down to two men, Harmon and Iervolino, who made very different choices in their lives and how Iervolino’s choices changed both their lives. She went through Iervolino’s actions that day including borrowing a Hi Point 9mm from a man named Jacob Wilson and stealing the truck. She also pointed to testimony from Dylon Stewart, who was with Iervolino before and after the shooting that night, saying that Iervolino said he had shot someone that night. 

Kilgore also pointed to several witnesses who said they either saw Irvolino in possession of the Hi Point pistol or that he had admitted to shooting a gun while inside the truck. She also pointed to expert testimony that said four shell casings found in the truck matched the Hi Point handgun and the projectile recovered from Harmon’s vehicle had marks on it consistent with rifling Hi Point pistol even if the gun had no consistent pattern during test fires by the Alabama Department of Forensics. 

Kilgore also showed video from the Sunoco in Moody which showed the work truck with Iervolino inside passing Harmon’s Mazda 3 as it turned onto Kelly Creek Road, where the prosecution argued the shooting took place.

She said while the case was about Iervolino’s choices that night, ultimately the jury had the final say in the case.

“You get to make the decisions today,” Kilgore told the jury before ending her closing. 

Defense Attorney Bill Barnett said in his closing statement that no one was disputing that Iervolino stole the truck, but that he did not mean he killed Harmon. He said that the bullet could not be matched to the pistol conclusively and was a .38 caliber slug. 

During his statement, Barnett proposed an alternate theory of events where another gunman had laid in wait for Harmon on Kelly Creek Road and shot Harmon after he turned, after Iervolino had been on his way. He said the state should be looking for that man not prosecuting Iervolino. 

“Don’t just make a fall guy out of somebody who made bad decisions,” Barnett said. 

 He also pointed to a statement by the prosecution that the shooting had taken place close to Carl Jones Road, which the prosecution objected to, saying they had never said that. 

Giddens said in his rebuttal that Barnett was presenting an alternate world not an alternate theory of the case.

“I wonder if he's been watching the same trial I have,” he began, adding that he found Barnett’s theory ridiculous.

Giddens also pointed out that a 9mm is a .38 caliber round. He ended by asking the jury to see justice done in the case and give some solace to the Harmon family. 

“Justice is the hope for those who suffer and it's the dread for those who’ve done wrong,” he said.

Judge Chad Woodruff said while the guilt portion of the trial has concluded, because the case is a capital offense, it will move into a penalty phase Tuesday morning. Giddens has said previously the state is seeking the death penalty in the case.

Taylor Mitchell is a Daily Home reporter covering Pell City.