- Associated Press - Friday, January 31, 2014

JACKSON, Miss. (AP) - A man arrested on a gun charge while authorities searched his house for a fugitive who wasn’t there has filed a notice to appeal his conviction and 15-month sentence.

Royce Funchess was arrested Aug. 7, 2012, when authorities were searching his house in the Jackson suburb of Terry for Robert Lee King. King is suspected of fatally stabbing his ex-girlfriend and wounding her daughter in Memphis, Tenn., in 2005.

Funchess was charged with assault, felon in possession of a gun and brandishing a firearm in furtherance of a crime of violence.

A mistrial was declared May 1 in Funchess‘ first trial when the jury couldn’t reach a verdict. He pleaded guilty in November to one count.

He was sentenced Jan. 22 and given credit for time served. The judge ordered his immediate release.

King, who was on the U.S. Marshals’ most wanted-list, was not in the house.

Prosecutors said another man let agents in the house, and when they showed him a picture of King and asked if anyone else was home, the man said “he back there.”

An agent opened a bedroom door and saw Funchess in the bed pointing a pistol at him, prosecutors said. The officer fired one shot that struck a wall near Funchess‘ head, according to court records.

Funchess lawyer, Matthew Baldridge, has said in court records that Funchess thought the officers were burglars.

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