CENTREVILLE, MI --
There may not be a smoking gun that ties accountant Andy Brown to the shooting death of his boss, but evidence that his attorney said amounts to "a lot of smoke" was enough for a
.
Brown is accused of fatally shooting prominent Sturgis accountant David Locey inside his office on Oct. 2. Fifteen witnesses took the stand Wednesday and Thursday in Brown's preliminary examination in St. Joseph County District Court.
David F. Locey, right, is pictured in this December 2011 photo with Cathi Abbs, executive director of the Sturgis Area Chamber of Commerce.
Michael Hills, Brown's defense attorney, pointed to the fact that no weapon in the homicide has been found yet by investigators.
But Prosecutor John McDonough argued that evidence shows that Brown could have stolen a .38 caliber Colt revolver from a desk drawer inside VIP Auto Body Shop, where Brown used to be the accountant and was seen the week before the killing, according to testimony from the shop's owner.
Bullets, bullet jackets and metal fragments found at the scene were determined by police to be .38 caliber. According to investigator testimony, the Colt revolver was among several types of guns that could have fired the type of bullets found at the scene.
"The murder weapon could be a .38, but it could be a lot of different other weapons," Hills said. "We don't know it was (the gun at VIP Auto Body). It's speculation."
Hills argued there was a lack of evidence and motive in the case.
"There is a lot of smoke but it doesn't relate to this homicide," Hills said. "There is a substantial lack of evidence ... There is zero motive."
But McDonough painted a different picture, pointing to testimony from
about embezzlement allegations against Brown. Brown left the meeting not knowing if he would keep his job.
"He was on the verge of being fired. Mr. Brown was not happy about that. And because of that imminent firing, he chose to murder David Locey," McDonough said.
Hills argued that Locey hadn't fired Brown yet and that Locey had been supportive of Brown in the past and was still on his side, giving Brown no reason to harm him.
Hills also discredited testimony from owners of VIP Auto Body, who accused Brown of embezzlement when he was the company's accountant.
"Frankly, it's not an element of the crime," Hill said. "All of it is irrelevant to the homicide."
But McDonough said it showed where Brown was at in life.
"His life was spiraling downward," McDonough said, arguing Brown knew he could be charged with embezzlement, lose his CPA license and his livelihood.
Orville Elkins, owner of VIP Auto Body, testified that in the days leading up to the killing, Brown was desperate and constantly contacting him to find out if he was going to press charges. He said Brown was in the shop the week before the shooting, acting strange and snooping around the office. Elkins said Brown knew that guns were kept there.
McDonough also pointed to testimony from an investigator, who analyzed data from Brown's cell phone the day of the homicide. The investigator was able to determine Brown made a call near Findley Road and M-66 at 6:57 a.m. and cell phone data sent to nearby towers showed that he headed south to the general area of Locey's Office, located at 67036 M-66, between 7:05 and 7:20 a.m.
Locey entered his office at 7:13 a.m., according to ADT Security records. Brown was seen at his parent's house on Big Hill Road in Sturgis around 7:25 a.m.
McDonough argued Brown was "lying in wait" for Locey to get to the office so he could kill him. But Hills noted that the cell phone data couldn't specifically pinpoint Brown at Locey's office.
Ultimately, St. Joseph County District Court Judge Jeff Middleton determined there was probable cause that Brown killed Locey, but said it wasn't an easy decision and that there are many unanswered questions for which the prosecution will have to find answers before trial.
Middleton said to conclude that the gun missing from VIP Auto Body was the homicide weapon is "rank speculation." Investigators are still searching for that gun.
The judge also said it will be important for the prosecution to have results from testing of Brown's clothing for blood and testing of swabs taken from Brown's hand for gunpowder residue, before the trial. Investigators are waiting for those test results.
Middleton kept Brown's bond at $2 million. A trial date is yet to be determined.
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