Jose Figueroa (Cullman Police Department)
Updated 6-8-18 at 5:36 p.m.
CULLMAN – The Cullman Police Department has made an arrest in the double shooting that occurred on May 3 at a residence on Adelsheim Circle Southwest. Jose Francisco Figueroa, 27, of Holly Pond has been charged with first-degree and second-degree assault.
According to CPD Capt. of Investigation Becky Boyd, Figueroa was arrested Friday and remains in the Cullman County Detention Center.
The arrest stems from the double shooting that happened in the early morning hours of May 3; CPD Chief Kenny Culpepper said at the time that the shooting was believed to be part of a domestic incident.
Boyd said in a statement that morning, "On May (3) at approximately 1:15 a.m. (the) Cullman Police Department responded to a domestic violence call at 2061 Adelsheim Circle in the city of Cullman. Once on scene officers found two victims of a gunshot. Both victims were transported to Huntsville Hospital, one by ambulance and one by Air Evac. This is still an active investigation and no further information will be released at this time. Lt. Gene Bates is the lead investigator."
Later that same day, Boyd identified the victims:
"Victims from this morning’s shooting in the city of Cullman were Jody Duane Couch Jr, 25, of Hanceville and Jose Francisco Figueroa, 27, of Holly Pond," said CPD Capt. of Investigation Becky Boyd in a statement. "Both victims remain hospitalized in Huntsville Hospital, each with a single gunshot wound. Due to their condition, investigators have been unable to interview either victim. The case remains under investigation."
On Friday, Bates said, “People might be curious as to why Figueroa wasn’t charged with attempted murder. After conducting the investigation into the shootings, and looking at all the facts, we sat down with the district attorney a few times and talked about it. We felt that the crime did not meet the definition of attempted murder because he did not go to the residence with the intent to kill Mr. Couch.”
Bates did confirm that the shootings were “over a girl.” No other details were given.
First-degree assault is a Class B felony and carries a two to 20-year sentence. Second-degree assault is a Class C felony and carries a possible sentence of one to 10 years.
Bates said that Couch will not face any charges in the case.
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