CHEROKEE COUNTY, Texas — The Cherokee County District Attorney's Office has decided to not seek the death penalty for one of three men accused of killing four people in Cherokee County while trying to steal a handgun in July 2021.
Jesse Pawlowski, Billy Phillips and Dylan Gage Welch are all charged with capital murder in connection with the deaths of John Clinton, 18; Jeff Gerla, 47; Ami Hickey, 39, and Amanda Bain, 39.
The two men and two women were found dead early on July 20 at a property north of New Summerfield.
Cherokee County District Attorney Elmer Beckworth said the state recently filed a motion to not seek the death penalty for Welch, but the punishment is still on the table for Pawlowski and Phillips.
The men appeared during a recent court hearing, where the decision was announced in the 2nd District Court. No future court dates have been set at this time, Beckworth said.
All three have been in the Cherokee County Jail since July 22, 2021 on bonds of $1 million each.
People found guilty of capital murder in Texas could face the death penalty.
An arrest affidavit states Pawlowski was involved in a “polyamorous” relationship with Clinton and Gerla.
Hickey and Bain were dating each other, and Hickey was the mother of Clinton, according to the Cherokee County Sheriff’s Office. Clinton’s body was found in the driveway, while the three other victims were found dead inside a home at the back of the property.
While visiting Gerla’s residence multiple times, Pawlowski noticed several firearms, including a handgun Clinton wanted to sell for $500, according to the affidavit.
Pawlowski told investigators he introduced Phillips to Clinton and an agreement was made for Phillips to facilitate the purchase of Clinton’s handgun. However, Pawlowski said he never intended to buy the gun. Pawlowski, Phillips and Welch made a plan to steal the gun from Clinton, the affidavit stated.
Pawlowski said he went to Gerla’s home late on July 19 when Gerla, Clinton, Bain and Hickey were there. He texted Phillips to come to the residence to pick him up so they could steal the handgun.
Phillips and Welch arrived at the home, and Pawlowski and Clinton walked to the end of the driveway to meet Phillips and Welch. Phillips took the gun from Clinton then shot Clinton “in the back of the head,” Pawlowski told police, according to the affidavit.
Pawlowski said he, Phillips and Welch then entered the residence. Phillips then shot Gerla, Bain and Hickey. The three men stole two shotguns from the residence, and Pawlowski said he removed the key fob for Gerla’s 2017 red Dodge Challenger from Clinton’s pocket, the affidavit stated.
Pawlowski said he drove the car from the residence and left it near a metal building in Jacksonville to try to sell it later.