Poplar Bluff man ordered to stand trial for July murder

POPLAR BLUFF, Mo. -- A Poplar Bluff man was ordered to stand trial Thursday for the July shooting death of another man, who was killed over what authorities believe was an apparent drug debt.

Calvin Lee "CC" Smith Jr., 32 appeared Thursday afternoon before Associate Circuit Judge John Bloodworth for a preliminary hearing.

Smith originally was charged with second-degree murder in connection with the death of John Lee Griffin, 54, of the 300 block of County Road 314.

Griffin's body was found July 12 in an outhouse behind an unoccupied residence in the 400 block of County Road 614. Authorities believe Griffin had been dead since July 3.

Before Thursday's hearing began, Butler County Assistant Prosecuting Attorney Paul Oesterreicher filed an amended complaint with court.

It charged Smith with the Class A felony of second-degree murder, which alleged Smith "knowingly caused" Griffin's death by shooting him, or in the alternative, the Class A felony of second-degree murder in that Griffin was killed by being shot as a result of the attempted perpetration of a second-degree robbery.

After hearing from four witnesses, Bloodworth found probable cause to bind Smith over for trial.

"Based on the testimony," he said, he was binding Smith over on the second murder charge.

Bloodworth ordered Smith to appear at 8:30 a.m. Aug. 19 for arraignment before Presiding Circuit Judge Mark Richardson.

Poplar Bluff Police Patrolman Shane Bates' testimony surrounded a July 6 motor-vehicle crash, which occurred at about 5:30 a.m. at the intersection of Mary and Benton.

Upon his arrival, "I observed a red Pontiac Grand Am with damage ... to the driver's side," he said. "A subject, later identified as Calvin Lee Smith Jr., was walking east, away from the vehicle."

Bates said he told Smith to stop, which "he didn't. He started walking faster. I pursued Mr. Smith as he walked around the southeast corner of the residence at 801 Mary."

For a brief time, Bates said, he lost sight of Smith. After rounding the corner, "I told him to stop. He took another five to six steps, then he stopped. ... I asked him why he wouldn't [stop]. He made the statement he was just trying to call his brother."

When asked why he had to walk around the house to make the call, "he had no response," Bates said.

Oesterreicher asked Bates if he "retraced" Smith's steps.

Bates confirmed he had, as well as his discovery of a Kel-Tec. 380-caliber handgun, which was found on the east side of the "residence that Mr. Smith walked around."

The handgun, he said, was laying about 40 feet from the car. "The top of the Kel-Tec was dry; the surrounding area had dew on the grass," he said.

Bates said the weapon was seized as evidence and turned over to detectives.

On cross-examination, Smith's attorney, Pamela Musgraves with the Public Defender's Office, asked what the handgun was "evidence of."

"Felon in possession of a firearm," said Bates, who confirmed he never "actually saw Mr. Smith in possession of that firearm" or drop anything during his pursuit.

Missouri State Highway Patrol Sgt. Dennis Overbey said he was among the officers activated as part of the Butler County/Poplar Bluff Major

Case Squad.

"Did you have occasion to go with Sheriff Mark Dobbs to look for someone?" Oesterreicher asked.

Overbey confirmed they were looking for Griffin, who apparently was missing.

When asked if officers had information on Griffin's whereabouts, Overbey said, he and Police Chief Danny Whiteley interviewed James Williams, who had reported overhearing a conversation, between two individuals, a couple of days earlier at Rattler's Grocery.

James Williams, Overbey said, had told them he had heard "Mr. Griffin was dead somewhere, shot and killed [with] $80 and his cell phone

on him."

Whiteley, Overbey said, then contacted another subject, who reported Griffin had been "shot in the [outhouse] at Loise Mann's house."

Overbey said he and Dobbs went to Mann's residence. While there, he said, they detected a "strong odor of what I recognized as being a dead body."

The odor was coming from about 15 to 20 yards behind the residence in what "I describe as a sheet metal built outhouse."

Overbey said he approached the outhouse, going "right up in the front." It's door, he said, was partially open and he could see a "male shoe and a human leg ... "

Overbey said he and Dobbs secured the scene until they were relieved by deputies. "I called Whiteley from my cell phone and told him to activate the Major Case Squad because we had a homicide," he said.

On cross-examination, Musgraves asked Overbey whether Mann was home when officers arrived.

Overbey confirmed it was her residence, where she "used to live," prior to the spring flooding. Mann, he said, now is living in Poplar Bluff with her daughter, but has been out to the residence doing cleanup work.

Mann, he said, had reported being at her residence the day before Griffin's body was found.

Musgraves also questioned Overbey extensively about when and where he and Dobbs first detected the odor. "We were actually in a bean field;

the outhouse was in a wooded area," he said.

The odor, he said, was not detected at the residence, nor had Mann reported smelling it.

As an evidence technician/investigator for the sheriff's department and chief deputy coroner, James Akers described the body as being "grossly decomposed. It appeared to be a male. The facial features were not recognizable."

While assisting Butler County Coroner Larry Cotrell in the removal of the body, Akers said, he could "feel a head injury" and "could tell the person was pretty tall."

At the autopsy, Akers said, a bullet was removed from the victim's skull, in the left eyebrow area. The bullet, he said, was a 9mm and has been sent to the crime laboratory for ballistic testing.

Based on his law enforcement training, Akers said, that bullet could have been fired from a. 380-caliber or. 38-caliber weapon.

The cause of death, Akers said, was a gunshot wound to the "lower back lobe of the skull."

When asked about any personal property, Akers said, a cellular telephone and $80 in cash were found underneath the victim's body. It was determined the cell phone belonged to Griffin.

Identification, Akers said, was made based on the information officers received about Griffin being murdered and the location of his body, as well as the height of the body, the fact the shoes and belt were described by his daughter and the cell phone and money being there.

Oesterreicher asked if Akers could "tell by the decomposition" how long the body had been dead.

Akers said he couldn't make "any scientific determination," but estimated eight to 10 days.

"To your knowledge, is that weapon connected to the bullet found in the body, believed to be John Griffin?" Musgraves asked on cross-examination.

Akers answered negatively. Missouri State Water Patrol Cpl. Jeff Johnson, who was among the officers questioning Smith at the police department, said Smith was told of his rights and signed a waiver form.

"Did he admit to you his involvement [in the murder] right off the bat?" Oesterreicher asked.

"He did not," said Johnson. The interview, Johnson said, was broken up into sections. "We took breaks periodically throughout the interview," he said.

The first portion started just before 6 p.m. on July 12 and continued into the early morning hours, Johnson said.

After an extended break, in which Smith slept, Johnson said, Smith again was told of his rights. Alcohol, Tobacco & Firearms Agent Ryan Becker, he said, also joined the interview.

"How long was it before he began to implicate himself?" Oesterreicher asked.

Smith's second statement, Johnson said, was given at 2:44 a.m. "It was just prior to that that he began giving his final statement and implicating himself in the case," he said.

The initial question that "brought it all about" was asked by Becker, who "began to question him concerning the firearm that had been retrieved" by the police department and "was suspected to have been in Mr. Smith's possession," Johnson said.

Smith, Johnson said, admitted police found the handgun about three feet from where he was arrested and his DNA probably was on it.

"After he started making those statements did he further begin to make other statements?" Oesterreicher asked.

Johnson answered affirmatively.

"Detective [Corey] Mitchell began to question him concerning his ... direct involvement," Johnson said. " ... when asking specifically who was the person that had committed the homicide or if he knew him ... Mr. Smith would shake his head in indication he knew who it was ... "

Subsequently, Johnson said, Smith "indicated to me that an individual named L.A. was the actual shooter in this case."

Smith, he said, identified "L.A. " as Larry Williams.

"Did he indicate what his participation was ...," Oesterreicher asked.

"Mr. Smith indicated that in the early portion of July he had a conversation with Mr. Williams concerning the fact that Mr. Griffin had owed him an amount of money and was failing to pay for it or failing to pay him back ... and he was upset about this," he said.

Within a couple of days, Johnson said, Smith reported he had been contacted by Griffin, who asked "if he could meet with him in reference to some crack cocaine."

Smith reportedly was on his way to meet Griffin when he came "into contact" with Larry Williams. At that time, Johnson said, Smith asked Larry Williams if he had gotten a hold of Griffin, which Larry Williams said he had not.

After telling Larry Williams he was meeting with Griffin, Smith told officers Larry Williams got in the vehicle.

"... Mr. Smith admitted that Mr. Williams had asked him 'Can we take Mr. Griffin out to Broseley or out to the country area so we can ... ---- him up and take his money,'" Johnson said. " ... I said 'What do you mean by that?'

" ... He finally ended up stating 'Well, I didn't think he was going to kill him, but I thought he would stab him or beat him up or something like that.'"

Smith, Johnson said, indicated he was going to get some of Griffin's money. As they were headed to Mann's residence, he said, there was a "verbal exchange" between Griffin and Larry Williams.

" ... he had gotten Mr. Griffin to go with them under the pretense that Mr. Smith had hidden some dope out there and that they were going to be able to use or be able to retrieve it," he said.

Upon their arrival, Smith told Johnson Griffin and Larry Williams "followed him out" to what he referred to as an outbuilding/outhouse behind the residence.

"He said 'I was pretending to look for the drugs there,' and he said they're still arguing," Johnson said. " ... he said about this time Griffin enters the metal building ... [and] Williams produced a pistol and shot him in the head ... He said 'I looked back and I took off running.'"

Larry Williams, Smith told Johnson, got in the vehicle behind him and they drove back to town.

Smith, who reported asking Larry Williams why he had shot Griffin, told Johnson it was because "[Griffin] owned me some money, and I was going to collect one way or the other on it."

At this time, Oesterreicher said, Larry Williams has not been charged in connection with Griffin's death, which remains under investigation.