Missing witness forces the dismissal of shooting charges against three men

Charges against three men accused of spraying gunfire in Cape Girardeau were dismissed Thursday when a crucial witness failed to appear in court.

Only one of the three was released, however, because two of the men either had other charges pending or are being held for probation violations.

Marquises C. Boyd, 22, Kieven S. Cole Jr., 21, and Robert D. Rodriguez, 21, were co-defendants in a series of October shooting incidents. They and two other men, Pervis J. Boyd, 24, and Terrvell S. Williams, 21, are accused of shooting at two homes and a car. Pervis Boyd has a court date Wednesday, while Williams is still at large.

The missing witness, Xavier J. Norwood, also known as Robert Norwood, could place all the suspects at the shooting scenes, according to police affidavits filed with the charges.

"Police have contacted all his relatives and we don't know where he is," Cape Girardeau County Prosecuting Attorney Morley Swingle said. "We don't know if he is alive or dead."

In one instance from Oct. 17, Norwood told police he was riding in a Chevrolet Suburban on Good Hope Street when Marquies Boyd and Pervis Boyd drew near in a black Ford pickup and Pervis Boyd opened fire with a handgun. In another incident, Norwood told police he accompanied Cole and Williams on Oct. 18 when they drove to a home at 3125 Mimosa Drive, where Cole and Williams fired shots at the home in an attempt to assault Zatron Twiggs.

The suspected gunmen are also believed to be responsible for firing 30 to 40 rounds at a home at 313 N. Fountain St. and at least one other incident of gunfire at 1201 Ranney Ave., both of which occurred Oct. 19.

Police believe the gunplay was prompted by a feud between two rival groups.

The three co-defendants were in court Thursday for a preliminary hearing. Several family members and people who lived in the homes targeted by shooters were on hand, but Swingle was forced to ask for dismissal of the charges because of Norwood's absence. Swingle said he would refile the charges if Norwood is located. An arrest warrant will be issued for Norwood if he is not found today, Swingle said.

Marquees Boyd was the only defendant who had no other charges pending and was released. Cole is charged with resisting arrest, a misdemeanor, for his actions when officers took him into custody Oct. 22. Associate Circuit Judge Gary Kamp did not rule on a request from assistant public defender Jennifer Booth to reduce Cole's bond on the resisting arrest charge from $10,000 cash.

Swingle objected to the bond reduction, citing the accusations made in the case that had just been dismissed. "He shot a gun at a house and a car," Swingle told Kamp. "Clearly he is a threat to the public."

Rodriguez is on probation for selling drugs in 2005, and Swingle obtained an arrest warrant Thursday for a probation violation. Circuit Judge William Syler set the bond for the probation violation at $25,000 cash.

The shooting incidents stem from a dispute between the Boyds and the other three men, police spokesman Jason Selzer said in late October, but he was unable to provide details of what triggered the gunfire or why each location was targeted.

The Boyds listed an address at 424 S. Hanover St., while Rodriguez was listed as residing at 324 S. Hanover St. and Williams, the only suspect still at large, was last known to live at 504 S. Hanover St. Cole is the only one of the five who lived at a home targeted by shooters, 313 N. Fountain St.

rkeller@semissourian.com

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