CULLMAN, Ala. – A man held in the Cullman County Detention Center on drug trafficking, controlled substance, firearm and marijuana charges has filed a petition for writ of habeas corpus in Cullman County Circuit Court, arguing that his continued detention and current bond violate his constitutional rights.
The case, Christopher Johns v. Sheriff Matt Gentry, was filed May 15 in Cullman County Circuit Court. The civil filing names Gentry, Cullman County sheriff and a Republican candidate for Alabama Public Service Commission, Place 1, as the respondent/defendant.
The petition was filed on behalf of Johns by Cullman attorney Thomas E. Drake II.
According to the petition, Johns is being held in the Cullman County Detention Center, which is under the direct control and supervision of Gentry as sheriff. Johns argues through counsel that he is “illegally and unlawfully imprisoned and detained.”
The petition states Johns was arrested and charged with trafficking in methamphetamine, possession/receipt of a controlled substance, firearm possession by a person forbidden and second-degree possession of marijuana.
An attached criminal complaint in the case lists charges against Christopher Wayne Johns including trafficking in methamphetamine, possession/receipt of controlled substances, firearm-persons forbidden/possession and second-degree possession of marijuana.
The complaint states the alleged offenses occurred on or about Aug. 4, 2023, at or near County Road 1288 in Cullman County.
The complaint alleges Johns was in actual or constructive possession of 28 grams or more but less than 500 grams of methamphetamine, or a mixture containing methamphetamine.
It also alleges he had controlled substances including alprazolam, amphetamine and psilocybin mushrooms, along with a .22-caliber pistol and .22-caliber rifle.
The Cullman Tribune previously reported in its Aug. 21, 2023, arrests and incidents report that Christopher W. Johns, 43, was listed by the Cullman County Sheriff’s Office on charges including two counts of drug trafficking, three counts of possession of dangerous drugs, ex-felon in possession of a firearm and second-degree possession of marijuana.
In the habeas petition, Johns disputes the basis for his continued detention. The petition alleges the drugs were recovered during a search at 6 County Road 1288 and states Johns was not present during the search. It also states Johns had been living in Morgan County after moving there for employment.
The petition alleges Johns was neither in actual nor constructive possession of any of the items recovered during the search.
The petition further argues that Johns’ current bond, listed in the petition as $250,000, is excessive and amounts to “not bail at all.” It also claims Johns’ rights to due process, equal protection, fundamental fairness and protection from excessive bail have been violated.
The petition also alleges Johns’ right to a speedy and public trial has been violated and includes notice that Johns demands a speedy trial. It states the case remains in district court.
Johns is asking the court to issue a writ directing Gentry to produce Johns before the court and, after a hearing, grant what the petition describes as constitutionally permissible bail.
Cullman County Circuit Judge J. Chad Floyd reviewed the petition and set the matter for a hearing Tuesday, May 19, at 10 a.m.
The order setting the hearing does not rule on the merits of Johns’ claims. It only states that the petition was received and reviewed and that the matter was set for hearing with notice to all parties.
Court documents also show electronic notice was sent to Drake and Cullman County District Attorney Champ Crocker.
Gentry announced in June 2025 that he is running for Alabama Public Service Commission, Place 1. He officially qualified for the race in January.
The Primary Election is Tuesday, May 19, the same day the habeas hearing is scheduled.
Gentry announced in August 2024 that he would not seek a fourth term as sheriff. His current term ends in January 2027.
Johns is presumed innocent unless and until proven guilty.
