Trial date set for Thorsby kidnapping, robbery case

Published 5:04 pm Monday, December 15, 2014

A Chilton County judge set the trial date for two Moulton men who face robbery and kidnapping charges from a 2013 Easter Sunday incident in Thorsby.

Chilton County Circuit Judge Ben A. Fuller filed an order Dec. 11 scheduling a jury trial for July 27, 2015, at 8:30 a.m. for Scotty Ray Smith, 35, and Panagiotis Jerome Theodoroy, 34.

The two allegedly broke into the home of 94-year-old Charles Dunlap, who lived on Third Street in Thorsby, on March 31, 2013, and robbed him.

Smith and Theodoroy were scheduled to be sentenced Dec. 10 after both entered guilty pleas in October to charges of robbery in the second degree.

In exchange for the guilty pleas to an amended charge of robbery in the second degree, prosecutors agreed to dismiss four counts, including three counts of kidnapping in the second degree and one count of robbery in the first degree for both Smith and Theodoroy.

After hearing Donna Henderson, one of the victims involved in the case, testify during the sentencing, Fuller refused to “impose the sentence agreed upon by and between” Smith and Theodoroy and the state of Alabama, according to court records.

Fuller also rejected the plea agreement and re-instated the original charges listed on the indictment filed by a February grand jury in Chilton County.

Fuller also increased the bond for both men to the original amount of $540,000 each, and made it a “cash only bond,” according to court records.

Donna Henderson spoke in court Dec. 10 about stopping by Dunlap’s home with her husband, Tim, to check on the elderly man who was terminally ill with cancer.

The visit happened during the robbery, she testified.

The three victims were then held at gunpoint with the two men tied up, and Donna Henderson was forced to go to her home on Jones Street to give the men money.

She was later dropped off in a rural area of Calera.

Henderson was able to return to Dunlap’s home and locate both Tim Henderson and Dunlap, who had not been seriously injured.

Dunlap passed away several weeks later, after the crime occurred.

Jury selection will begin July 27, and “will not be continued from this setting absent extraordinary circumstances,” according to court records.

Both Smith and Theodoroy were taken into custody on Dec. 10 immediately following the hearing, and both remain at the Chilton County Jail on bond.