JONESBORO, Ill. -- Circuit Judge Mark M. Boie agreed Monday to combine the burglary and murder trials of a Union County, Ill., man, siding with the state's attorney.
Attorneys argued before Boie at the Union County courthouse Monday over joining two cases in which 23-year-old Robert Pitts Jr. is accused.
Pitts is charged with two counts of first-degree murder in the shooting deaths of his parents and burglary and theft charges that originated in December.
Union County State's Attorney Allen W. James thought the cases were related and wanted them joined. Defense attorney Patrick Duffy argued there is no proof of that and wanted the cases tried separately to ensure fair trials for his client.
A grand jury indicted Robert Pitts Jr. in December for the Dec. 21 shooting deaths of his parents, Robert Pitts Sr., 45, and his wife, Marcia, 43.
Pitts is in custody in the Tri-County Detention Center in Ullin, Ill., in lieu of a $1 million bond for the murder charges and $250,000 on the theft and burglary charges.
Days before the shooting deaths, Robert Pitts Jr. allegedly burglarized a Jonesboro home, stealing items that were reportedly found by authorities in the house Pitts shared with his parents, with the exception of a .22 Ruger that was reported stolen but has not been found.
Authorities believe the missing gun is the murder weapon.
James said that was cause enough to join the cases, even though the gun has not yet been found.
James further argued that Pitts reportedly telephoned the niece of the burglary victim, his ex-girlfriend, after his parents had been shot to death, asking her to come to his home and saying he had a gun.
"The evidence is the same in both cases," James said. "He had to have the gun from the burglary to commit the murders."
Duffy argued there was no evidence Pitts knew what was inside the house he allegedly burglarized and said the evidence in the burglary was not the same as in the homicide case.
"Granted, it gets close, but it's no cigar," Duffy said.
Boie said he believed the cases are related and that Pitts would best be served by trying the two cases together.
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