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Cynthia J. Ellis was found not guilty of first-degree murder by a Carter County Circuit Court jury Wednesday following a two-day trial. Ellis had been charged in the shooting death of 58-year-old Andrew Gilbertson on Dec. 4, 2022. Gilbertson was reportedly the long-time boyfriend of Ellis.

Ellis, 69, reportedly shot Gilbertson three times after a verbal argument. The incident happened in the 100 block of Countryside Drive in Carter County, where Gilbertson and Ellis shared a home.

An argument reportedly ensued between the two, during which Ellis reportedly went to the bedroom to retrieve her cell phone and a gun. Gilbertson reportedly followed.

Ellis told police she drew the gun and pointed it at the floor when Gilbertson “was standing in front of her blocking the door.” Ellis reportedly told police that Gilbertson asked, “Are you going to shoot me?”

“She stated that Gilbertson reached for her arm, and she shot at Mr. Gilbertson’s waist/groin/leg area,” an affidavit reads. She said that Gilbertson stated, “You shot me, you’re going to jail.”

When Gilbertson allegedly raised his arms to grab Ellis, she shot him a second time — this time in the chest. He allegedly left the bedroom “to get to the phone,” but Ellis told police “she followed him into the kitchen, and Gilbertson was 8 to 10 feet away from her when she fired the third shot after he turned toward her.”

Gilbertson reportedly died on the way to the hospital.
Stacy L. Street was the presiding judge.