Illinois man found guilty in shooting of Southeast student

It took a Butler County jury just 25 minutes to decide David McElrath, 20, of Mounds, Ill., shot a Southeast Missouri State University student last November in the parking lost of a Cape Girardeau gas station.

McElrath was convicted Wednesday of first-degree assault, armed criminal action and unlawful use of a weapon, prosecutor Jack Koester said. The case was tried in Butler County before Circuit Judge Mark Richardson on a change of venue from Cape Girardeau County.

Around 1 a.m. Nov. 16, McElrath got in a fight with William Harvey, a Southeast student, in the parking lot of the Rhodes 101 Stop at 1126 N. Sprigg St.

The argument escalated when McElrath pulled out a 9 mm Ruger handgun from his pants waistband and fired three shots at Harvey, hitting him in the lower torso.

At Wednesday's jury trial, the state presented Harvey and Quinton Jackson as witnesses, as well as several police officers, who testified that McElrath shot three times at Harvey, hitting him once, Koester said.

The defense argued that McElrath fired the gun into the air, and presented one witness who said he didn't see the defendant intentionally aim at Harvey, Koester said.

Richardson did not set a date for the sentencing hearing, but said it would probably be in about six weeks.

McElrath could receive a sentence of anywhere from 10 to 30 years to life on the assault charge, three years to life on the armed criminal action and up to four years for unlawful use of a weapon, Koester said.