Gary Helms Jr.

Gary Helms Jr. and his family were spared further embarrassment and pain as he entered a guilty plea Wednesday morning on charges of incest.

Helms, 24, of Albertville was facing first-degree rape charges in a case dating back to 2006. At that time, Helms was accused of raping his mother as she allegedly lay drunk and passed out on the family's couch. The act was a way to get back at Helms' brother in an argument over a woman, according to police reports at that time.

From the beginning, Helms' mother, Vickie Helms, had argued the event was not rape and she never swore out a warrant against her son or pressed charges, said Gary Helms' attorney Mike Mastin.

"Gary Helms was charged initially with the rape of his mother. It has been our position from the beginning that it was consensual sex, as weird as it may sound," Mastin said.

On Wednesday, Helms agreed to a blind plea in front of Judge Tim Jolley and now faces sentencing on Nov. 7. A blind plea means court officials have not guaranteed any type of sentencing agreement at the time of the plea.

"Of course, at that time we are going to argue for the maximum sentencing to be imposed," said Marshall County Assistant District Attorney Chris Abel.

"I was surprised by the plea today."

Gary Helms was arrested in October 2006 after an argument between him and his brother over a female friend led to the rape of Helms' mother, Vickie Helms, as a form of retaliation against Gary's brother, according to Albertville detective Michael Rice.

In police reports from 2006, Rice said, "Helms has a history of reacting very angrily when things don't go his way. And in this case, it wouldn't have mattered who was nearby, he got mad and struck out at the nearest individual, who in this instance was his mother."

Rice characterized the incident as a "physical, power-assault, fueled by extreme anger."

Testimony began in the case Tuesday afternoon and Abel said Helms' mother was slated to give testimony Wednesday.

"This event happened in 2006 and Mr. Helms was indicted in 2007," said Jolley.

"Since that time, there has been considerable trouble getting his mother to court. At this time, we had to put her in jail to ensure she would be available to testify."

Mastin confirmed Vickie Helms had left Marshall County after the incident.

"Her intent was not to be found," Mastin said. "Her testimony would have been difficult for her to give and for the court to hear."

The case spawned talk across the nation and sparked emotional debates, making prosecution and investigation more difficult.

"It was probably not helpful in the beginning due to there being so much emotion involved," Mastin said. "Once the prosecution realized and was made aware there was no force involved, it made it an easy case to settle."

Mastin said witnesses testifying on Tuesday helped his client more than it helped the prosecutors.

"The witnesses the state put on (Tuesday) helped us and gave some background into the family and its relationships," Mastin said.

"We were prepared to put on additional testimony to show there was no force involved.

"I think the District Attorney's Office came to the same conclusion and dismissed the rape charge. We agreed all along that incest is what happened. If (Gary Nelms) would have been charged with that, we would have pleaded to that. Incest is sexual intercourse between the mother and son, and he never denied that."

(14) comments

GUDWAR

jerry springer here we come

Yabba Dabba Doo

He's a SICKO. He needs to try that on a country boy and see what he gets...Give him the Death Sentence and get rid of that SCUM of the EARTH. We don't need a RAPIST in our town. It's sad enough when a man rapes a woman, but your MOTHER...HOW SICK IS THAT? I got something that will STOP his little SISSY FITS...

Guptongirl

Why was this stupid man released to be free untill his sentensing? This man has charges of sexual misconduct with a child pending. This animal is a loaded gun, running around free. I just pray that nothng happens before they lock this man up! [sad]

itsmrkltou

Doo-doo, you said he should try that with a country boy. Is this some type of perverted come-on attempt?
Also, can we expect incest charges against the mother as well?

TerryN

I would think charges against the mom will come. Since the guy (smiling in his picture for some reason) was the one on trial he is the focus.

What gets me, Sand Mountain Reporter, was the headline you put on the printed paper. Large letters - "ALBERTVILLE MAN PLEADS GUILTY TO INCEST". While I agree this is newsworthy, are you simply sensationalizing it for sales by putting it on the front page, or is the intent to damage any credibility left in this area?

Let's at least lie to visitors from out of town that this area isn't a hillbilly backward land. I can imagine potential businesses "googling" Albertville, AL and that coming up....

Yabba Dabba Doo

Hey Itsmrstupid, I was setting it up so he could come to your house and see your snaggled tooth country boy uneducated family. I don't know why you have to down everything people say...Your comments are the worst on here and we allow you to run your ignorant trap. I was saying if he wanted to try his temper on a country boy, bring it on...But you're too stupid to understand what people write.

The Sandman

Hang him high. And let his mother and that child he rape/molested pull the cord until his eyes pop out...One Nasty Dude. He can rape my Smith & Wesson.

opinions_count

So based on what Mastin said it would not be rape if he had sexual intercourse with someone he was not related to. It is rape she could not give consent and it is also incest. I hope that Mastin is just making a defense attorney statement on behalf of his client and actually understands a man or a woman must consent or it is rape. If he would do this to his own mother then what if he had access to one of your male or female relatives. I believe he should receive max time for his blind plea. Thanks for the savings of the trail expense.

mastinlawyer

in response to the last comment....it was not just lawyer statement..the anticipated testimony from the mother would have been that she consented. So it was not rape, it was incest. The DA was aware of the coming testimony, thus the settlement..we also anticipated that the Department of Human Resources from Florida would have added some interesting testimony about the history of the family relationships.

bamabadboy

Rarely am I at a loss for words. but this is one of those times. Amazing.

Brandy

From reading this and other news reports, it appears to me that it's possible this wasn't the first time the mother consented to intercourse with this son. And, the fact he was trying to make his brother "jealous" by having relations with their mother leads me to believe she might have been doing this with both sons. Mr. Mastin alluding to "interesting testimony about the history of the family relationships" also lends some credence to these suspicions. Regardless, Nelms is most certainly a dangerous man, likely a deviant predator and needs to be kept away from normal people. It would probably be wise to keep an eye on his brother and momma too since it's possible they think of this kind of thing as normal and forgivable. There's so much more to this story, and I wouldn't be surprised to see more victims from within this family come out of the woodwork.

itsmrkltou

I see that Brandy referred to him as Nelms. I've seen both Nelms and Helms in the media.
Which is it?

bamanoles

Based on the comments from mastinlawyer there is obviously more to the this story that what we read here. There's no way you can consent when you're passed out. BTW, the State of Florida does not have agency known as the Department of Human Resources (source: http://www.myflorida.com/directory). There is likely a human resources division within some state agencies.

I agree with others that characterized this guy as sick and should be locked up away immediately and for a long, long time.

wethepeople

An Idiot like this is what gives us Southerners a Bad name and is why people NOT from the South think that Alabama, Georgia, Tennessee, and Mississippi are full of inbread, incested familes. This is absolutely Sick..! The guy is even smiling in his mug shot, I would love to hear some jokes about this case if anybody has "made up" any. I bet he is the topic of all the jokes in jail too. Moronic idiot is all I can say. Think Goodness I moved to the Carolina's, And yes I've heard a few joke's and I don't tell people were im originally from either. Im gonna go throw up now, See ya..!

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