Illinois man accused of Cape Girardeau murder will be tried in Cape County

The case against a Bellwood, Ill., man accused of shooting and killing Matthew "Woody" Ervin in Cape Girardeau on June 26 will remain in Cape Girardeau County, Circuit Court Judge Benjamin F. Lewis decided Monday.

While he denied a motion to move Thomas D. Evans's case outside the county, Lewis agreed to have 12 jurors and one alternate juror brought in from Butler County. Attorneys in the case will choose the jurors in Butler County at a later date.

Evans is charged with second-degree murder and armed criminal action for allegedly shooting Ervin in the torso and in the head. The second gunshot ultimately killed Ervin, according to a forensic pathologist who testified at Evans's preliminary hearing Sept. 29.

Court documents and testimony from Cape Girardeau detective Sgt. Don Perry indicate Evans and Ervin met early June 26 at B&H, a convenience store on Bloomfield Street, where Ervin bought cocaine from Evans's friend, Armster "Bud" Robinson III.

Authorities are still searching for Robinson, who they'd like to question to discover more details about the case.

Lewis did not set a date for jury trial, as Stephen Walsh, Evans's attorney, said he anticipates he'll be reviewing additional discovery in the case and also will be filing pretrial motions.

Evans is set to appear in court again Dec. 13. He remains in the custody of the Cape Girardeau County Sheriff's Department.

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