General Sessions Court Judge Alex McVeagh on Tuesday sent a first-degree murder charge to the Grand Jury against 25-year-old Marquise "C-Banger" Burress in the shooting death of 29-year-old Robert Gill.
However, the judge did not find enough proof against the second defendant, Javonte Wynn, and that case was dismissed after he took some time to deliberate.
The criminal problems for Wynn continued, though, as he has now been charged in Federal Court with being a felon in possession of a gun.
The victim's body, with multiple bullet wounds, was found on a driveway on South Street in the early morning of last June 19.
Detective Corey Stokes acknowledged it is unknown why the body wound up there, and there is no known motive. No murder weapon was found.
The opening state witness, who said she had been seeing Gill at the time, gave scant information during her testimony. She said the state had been "harassing" her and said the detective "ruined my son's birthday" when he chose to bring her in for an interview at the time of the celebration.
After the woman had been dismissed from court, the state played portions of a video of her police interview in which she spoke much more freely.
She said Burress and Wynn had been at her home on the afternoon prior to the morning of the slaying. She told of Burress holding a gun that had been tucked under a couch cushion. She said she went to her bedroom later and Gill joined her there. She said she heard voices outside the bedroom that appeared to be those of the two earlier visitors.
The woman said Gill left the bedroom around 5 a.m. and she afterward got word from her sister that he wanted her to call him. She said she reached him on the phone, and as they were talking, she heard 6-7 shots. She said she then hung up.
She said she later "wished I had stayed on the line." She said she tried twice more to reach Gill to no avail. In one she asked if he was okay.
Detective Stokes said he located video showing Gill with Burress shortly before the slaying, and he also located a red car with some missing hub caps that Burress had been driving. He said cell phone records showed Burress and Gill in the same vicinity around the time of the crime.
Both defendants were not arrested initially, and Wynn was not in jail until August and Burress not until late November.
Prosecutor Miriam Johnson told Judge McVeagh that the female friend of the victim told that she had heard voices outside their bedroom that appeared to be those of the earlier visitors - Burress and Wynn.
The Wynn attorney, Blake Gilbert, said he had heard no proof against his client. He said, "We were just along for the ride for the Burress hearing."
Burress, who also has a gun charge against him in the case, is represented by attorney Chad Wilson.
Attorney Wilson asked that the bond for Burress be lowered, while Ms. Johnson thought it should be raised. Judge McVeagh kept it at $200,000.