Not guilty: How SC defense lawyers crushed prosecutor’s easy gun case

On the surface, the prosecutor looked to have a winning case: an aggressive South Carolina gun owner who pointed her gun at sympathetic Venezuelan exile victims and a video of some of the action.

But late last week, Columbia defense lawyers Luke and Brian Shealey — 47-year-old twin brothers — and their associate attorney Mikaela Andrews demolished the prosecution’s version of events.

It only took a little over 60 minutes for a Richland County jury to return a “not guilty” verdict.

“The jury was out less than the prosecutors’ total closing arguments!” said Brian Shealey.

Defendant Deanna Marlow, 53, a dental hygienist who has a legal concealed carry gun permit, had been charged with pointing and presenting a firearm at her next-door neighbor on Sutton Way in Irmo on Nov. 22, 2022. The charge carries a maximum five-year prison sentence. Three alleged victims and a Richland County sheriff’s deputy testified for the prosecution.

Marlow also testified, denying pointing her 9 millimeter Springfield semi-automatic at any person. But she admitted on the witness stand to only pointing it at her neighbor’s dog, Teddy.

In his closing argument to the jury, which took an hour and 17 minutes, assistant 5th Circuit Solicitor Micah Chetta said that Marlow had precipitated a volatile encounter that November day by “yelling obscenities” at Gerardo Guerra after he parked his pickup truck in front of her driveway, blocking her when she returned from work.

At the beginning of the encounter, the Venezuelans’ dog, Teddy, began barking and yapping and ran across Marlow’s front yard. The dog was small, a canine that could not be considered enough of a threat for anyone to draw a weapon, Chetta told the jury.

Marlow had drawn her gun, but quickly put it back in her purse when the dog ran away, she had testified.

When the Venezuelans saw Marlow with her gun out, they were “terrified,” Chetta argued.

“The circumstances would not warrant a man of ordinary prudence, firmness and courage (to draw a weapon),” Chetta said.

The defense’s version

In his closing argument, Luke Shealey began by telling the jury about one of his favorite movies, “Twelve Angry Men,” where juror played by the late actor Henry Fonda urged his fellow jurors, who had been intent on quickly finding a defendant guilty in a murder case, to slow down and “think critically” about the evidence before them.

“I know you’ve been here a while,” Shealey said, urging the Richland jurors to “be like Henry Fonda,” and share their view on the case and deliberate.

On a large screen visible to the jurors, Shealey flashed a movie poster from “12 Angry Men” with the motto “Life is in their hands; Death is on their minds.”

Shealey reminded jurors that Marlow is “cloaked in a robe of righteousness,” or innocence. Guilt has to be proved beyond a reasonable doubt. He flashed a large screenshot of a pair of hands holding a cloak.

Shealey then moved to his version of the facts, stressing the role of Gerardo Guerra in provoking the conflict.

Guerra, the pickup truck driver, “had a history of blocking” Marlow’s driveway, despite her repeatedly asking him not to do so, Shealey said.

“Gerardo’s from Venezuela, he’s here under political asylum,” Shealey told the jury. “He grew up in a much different place. Venezuela is a socialist country.” He probably doesn’t understand property lines and that, in America, people have the right to bear arms, Shealey said.

When Marlow got home from work that day and found the driveway again blocked, she backed up over her lawn and parked in the driveway facing outward, Shealey said. She got out of her car and, cussing, told him not to block her driveway.

Shealey also reminded jurors that in a pretrial hearing, Guerra admitted he deliberately blocked her driveway that day.

In that hearing, Guerra had testified that, angered at Marlow’s insults, he left his pickup, came on her property and confronted her, and in Spanish insulted her using obscenities, Shealey told the jury. He added Marlow repeatedly told the Venezuelan to “get off my property.”

Marlow’s personal space was being invaded, and she felt threatened, Shealey said, challenging the prosecution’s version of events, which was that Marlow shouldn’t have felt threatened.

“The government doesn’t get to tell y’all when you feel your personal space is invaded,” Shealey said.

Shealey also characterized the Venezuelans as insensitive foreigners who should behave themselves in interactions with others.

“All these folks are here under political asylum,” Shealey told the jurors, adding he’s glad our country can take people in. “But when you are here, you do have to follow our laws.”

Marlow, who has no criminal history and is a law-abiding citizen, called the Richland County sheriff’s office non-emergency number 11 different times that day to report the issue Shealey said. The first call was made at the beginning of the event to report the driveway being blocked.

After pulling her gun out, she quickly put it away when it was obvious the dog wasn’t coming back, Shealey told the jury. She did not point it at any person, he said.

The missing investigator

Shealey also attacked the prosecution for not putting up the case’s lead law enforcement officer, former Richland County deputy Deena Levine — and that was because she did a “terrible investigation,” Shealey said.

For one thing, Levine initially identified the victim in the case in a warrant as Guerra but later changed the name to Mrs. Yugleidi Rodriguez, Shealey said.

Never in his 20 years of handling criminal cases where a defendant might go to prison has he seen a lead investigator not be at the trial, Shealey told the jury.

One Richland County officer did testify, Capt. Steven Tapler, but he had not played a major role in investigating the case. Trial Judge Chris Taylor ruled that evidence about why Levine was not present were out of bounds to present to the jury.

Levine no longer works at the sheriff’s department, Shealey said. “Use your best judgment to determine why,” he told the jury.

“You have every right to wonder why,” Shealey said, adding that evidence showed deputies did not try to get Marlow’s version of events.

Shealey made no excuses for Marlow being angry at the Venezuelans and even making an obscene gesture with her middle finger at them.

“Mrs. Marlow is a grandmother. She is a grumpy grandmother. She is also very a direct woman,” said Shealey, saying Marlow was within her First Amendment right to make gestures and use off-color language.

The reason why the dog provoked Marlow to pull her gun out was that she had been bitten twice before by a dog, and she didn’t want to be bitten again, Shealey said.

Under South Carolina law, she had every right to pull her gun on the dog, Shealey said. “If a dog comes on your property, you can shoot it.”

The Shealeys said they had spoken with jurors after the trial, and jurors found it troubling about why the lead investigator did not testify. The Shealeys also said they had repeatedly urged the 5th Circuit Solicitor’s office not to bring the case.

Richland County Sheriff Leon Lott said Monday, “We will not argue with the jury.” He declined to comment on the solicitor’s decision to go forward with the trial.

As for the missing investigator, Lott said, that she and her husband moved out of state “to be closer to their family. She left in good standing.”

Solicitor Byron Gipson said Monday his office has no regrets about putting Marlow on trial.

“That’s the way the process works. Clearly, a gun was pulled and that’s clear. The victims felt threatened. As a result of that we had a trial. That’s the way the system works,” said Gipson. “A Richland County jury resolved it.”

Later, Gipson elaborated on his statement. “The defendant was charged with pointing and presenting a firearm at Mrs. Rodriguez (the victim) in the midst of a disagreement. The victim felt threatened and reported the incident to law enforcement. After an investigation, law enforcement sought a warrant for the defendant’s arrest.

“The criminal justice system settles its criminal disputes through the jury process. At trial, testimony clearly showed the defendant pulled a firearm during her dispute with the victim. A Richland County jury determined that the defendant had the right to display her firearm during the dispute. Friday’s verdict was a result of the criminal justice system at work.”

The case had taken the better part of three days.

“Surely this was a waste of court resources,” said Luke Shealey.

This story was originally published February 3, 2026 at 5:30 AM with the headline "Not guilty: How SC defense lawyers crushed prosecutor’s easy gun case."