Charges dismissed in death of Wappapello store owner

POPLAR BLUFF, Mo. -- Evidentiary issues prompted the dismissal of murder charges against the suspects in the shotgun death of the owner of Bud's Country Store at Wappapello, Mo.

Gary Lee "Bud" Ayers, 52, of Wappapello was found dead inside his store on Route T at about 7 p.m. Feb. 22 by a Butler County deputy who responded to an alarm sounding there.

On March 18, Jason Lee Lovell, 22, of Dexter, Mo., Michael Floyd Croy, 28, of Gideon, Mo., and Donald Ray Phillips, 49, of Poplar Bluff were charged with the Class A felony of second-degree murder and the felony of armed criminal action in connection with Ayers' death.

Those charges were dismissed Tuesday, which was the day the men were to appear in Circuit Court for their preliminary hearings.

"Some of the evidence came back from the lab and raised some questions in my mind about the case," said Kevin Barbour, Butler County prosecuting attorney.

He wants to resolve those questions before he pushes forward with the case.

"Based on that and some other considerations, the cases were dismissed," he said. adding that the investigation into Ayers' death was "never terminated so to speak."

Barbour said he had "no time schedule" as to when he may re-filed the charges.

Additional information that may come in will "have a bearing on what we do and when we do it," he said. "Right now, we need to get everything sorted out and that will determine where we go and when."