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NewsJuly 26, 2005

Daily American Republic VAN BUREN, Mo. -- The judge set to preside over the case of a Van Buren man accused of gunning down a Missouri State Highway Patrol sergeant has removed himself from the case. Lance D. Shockley, 28, was supposed to appear at 9 a.m. ...

Daily American Republic

VAN BUREN, Mo. -- The judge set to preside over the case of a Van Buren man accused of gunning down a Missouri State Highway Patrol sergeant has removed himself from the case.

Lance D. Shockley, 28, was supposed to appear at 9 a.m. Monday before Presiding Circuit Judge R. Jack Garrett for arraignment on the Class A felony of first-degree murder and the unclassified felony of armed criminal action in connection with the death of Sgt. Carl Dewayne Graham Jr. Shockley also faces a Class D felony charge of leaving the scene of an accident.

Garrett filed an order Friday afternoon with the Circuit Court in Carter County recusing himself from the case, according to court personnel.

"It's not anything that will cause a problem [with the case]; it's something I expected," according to Carter County Prosecuting Attorney Michael Ligons. "I expected the defendant to ask for a new judge or the state would. It wasn't a surprise."

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Shockley's case now will be sent to the Missouri Supreme Court for the assignment of a new judge. How long that will take is not known at this time. It will be "whenever [the Supreme Court] can get someone to take the case," Ligons said.

Once a judge is assigned, Shockley will be arraigned and his attorneys will have 10 days to file motions for change of judge or change of venue, Ligons said.

Shockley is accused of killing Graham, a 12-year veteran of the Highway Patrol. The 37-year-old was found dead March 20 outside his Van Buren residence, located in a hollow off of Highway M, about three miles north of U.S. 60. He was still in uniform and had just arrived home after completing his tour of duty for the day.

While looking into Graham's death, investigators began retracing Graham's work activities, including the one-vehicle crash on County Road 217 that left Jeffrey R. Bayless dead. Graham initially investigated the Nov. 26 fatal crash.

Enough evidence subsequently was developed to charge Shockley with the crime and he became considered a person of interest in Graham's death.

Investigators followed numerous leads, interviewed witnesses and executed a search warrant on Shockley's property for possible evidence linking him to Graham's death before charges were filed against Shockley on March 29.

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