Marvin Preston
Criminal homicide charges were bound to the Grand Jury on Wednesday in a case in which the state says Marvin Preston, 68, murdered his 70-year-old brother, Floyd Preston.
General Sessions Court Judge Christie Sell kept the bond at $1 million.
Christopher Ohara, who was brought to testify in a jail uniform, said he was outside the Floyd Preston residence in the 1600 block of Dogwood Drive at the time of the slaying last Nov. 24.
He said he was with Kareem Shabazz, who lives next to the Floyd Preston residence. He said they were at a shed when they heard a gunshot.
The witness said he earlier had seen a man arrive in a light-colored sedan and park in the Floyd Preston driveway. He said he was later shown six photos by police, and he picked out the one of Marvin Preston. He said he had never seen him before that day.
Mr. Shabazz said he was with Chris Ohara and he was looking for a pair of needle nose pliers for him in the shed when he heard a pop. He said it sounded like a gunshot, but he continued looking for the pliers.
He said he then had his wife call the Preston house and there was no answer. He said he found the storm door open, but the front door was locked. He knocked four times, but no one came to the door. He then had his wife call 911.
The witness said he noticed a car similar to one driven by Marvin Preston in the driveway that afternoon, but did not see Marvin Preston go in or out.
Detective JaMaael Noble said the victim's body was lying in the floor on the left just beyond the front door.
He said when he located Marvin Preston on MLK Boulevard he had an odd response when he told him his brother was dead. He commented, "I don't trust those neighbors."
Marvin Preston said he had been at his brother's that morning. Police got the call on the shooting at 6 p.m.
The detective said there was front bumper damage and fresh dirt on the Marvin Preston sedan. He said it was found that a stop sign at Dogwood Drive and Wilcox Boulevard had been knocked over and there was fresh dirt at the site. He said the damaged stop sign and the vehicle damage "lined up just right." Marvin Preston said he had hit a freeway barrier "up toward Collegedale."
The detective said a spent shell casing from a 9mm handgun was found about five feet from the body. He said a 9mm handgun as well as a 40 caliber handgun were retrieved from Marvin Preston.
He said after he had been formally interviewed that Marvin Preston volunteered that he had a magazine with several live 9mm rounds in his jacket pocket.