Trial ordered in Black River murder case

GREENVILLE, Mo. -- A Zalma, Missouri, man recently was ordered to stand trial in connection with the shooting death of a missing Bismarck, Missouri, man whose body was found in Black River in Wayne County in January 2015.

Russell Dale Mayberry, 31, appeared before Associate Circuit Judge Randy Schuller on Friday for a preliminary hearing on charges of first-degree murder, armed criminal action, abandonment of a corpse and tampering with physical evidence, all felonies.

Mayberry is accused of knowingly causing the death of Kenneth Allen Willard, 53, by shooting him Oct. 22, 2014.

A couple of fishermen found a body, later identified as Willard, just before 10 a.m. Jan. 24, 2015. Willard's body was found stuck on a log in the river about 1 1/2 miles below the Markham Springs Recreational Area. An autopsy showed the man had suffered a gunshot wound.

After hearing the testimony and evidence Friday, the Wayne County judge reportedly found probable cause to order Mayberry to stand trial on the charges.

Roger Mayberry

Schuller ordered Mayberry be taken into custody and for him to appear at 9 a.m. April 4 before Circuit Judge Kelly Parker for arraignment on the charges.

Russell Mayberry's 60-year-old father, Roger Dale Mayberry of Zalma, also was supposed to appear before Schuller for a preliminary hearing Friday on felony abandonment of a corpse, but his attorney requested a continuance in his case. Schuller reset the elder Mayberry's hearing for 9 a.m. April 19.

The Mayberrys had been charged in Bollinger County, but their charges subsequently were dismissed.

Russell Mayberry had been charged with first-degree murder, while his father had been charged with felony counts of hindering prosecution and tampering with physical evidence.

According to earlier reports, Willard went on a hunting trip in October 2014 in Stoddard County, with the expectation of returning a few days later.

Willard was last seen by his daughter at the Arab Station Convenience Store at Highway 51 and Route C at Zalma. Family members reported him missing in December 2014.

During the investigation, Missouri State Highway Patrol Sgt. Jeremy Weadon said, it was found Willard left his Bismarck home Oct. 22, 2014, and went to the family farm in Stoddard County to hunt deer.

Although Willard was supposed to return Oct. 25, 2014, "it was not unusual for Kenneth to be gone longer," Weadon said.

During the autopsy performed on Willard's body, Weadon said, what appeared to be a small-caliber bullet, similar to a .22, was recovered.

On Feb. 1, 2015, Roger Mayberry was interviewed about Willard's death, Weadon said.

"Roger finally admitted he knew how Kenny was killed," Weadon said. "Roger said he was at the sawmill (he was unsure of the date) and said Russell and Kenny drove up in his (Roger's) truck."

Roger Mayberry reported he needed help working on the sawmill, so his son and Willard began helping, Weadon said.

"As some point, Russell left and came back to the mill," Weadon said. "Roger said as they were working on the sawmill, he heard a gunshot and saw that Kenny was dead.

"Roger said he asked his son, Russell, why he killed Kenny, and he said: 'It was either him or me.' Russell told Roger he felt like Kenny was setting him up to kill him, and it was all over dope."

The elder Mayberry, Weadon said, reported no one else was at the sawmill when the shooting happened.

"Roger said he felt sick, so he went home," Weadon said. "A little while later, (a woman) drove to Roger's house and said she needed help."

Weadon said the elder Mayberry and the woman went back to the sawmill, where "Russell had Kenny's body wrapped up in a tarp."

Willard's body was on the ground at the back of what was described as an enclosed trailer.

"Roger stated Russell and (the woman) tried to load Kenny's body in the trailer, but were unable, so he helped load the body," Weadon said.

"A little while later, Russell came to (his father's) house and picked him up," Weadon said. "Roger said he then drove his truck, pulling the trailer, to the Black River bridge near Williamsville. This is where Roger said they dumped Kenny's body in the river. They then returned home."

Weadon said the elder Mayberry told investigators the gun his son used was a .22-caliber revolver, which was kept beside Roger's chair in his house.

"Roger claimed not to know what happened to the gun after the murder," Weadon said.

Willard, according to Roger Mayberry's statement, did not have a gun, nor did "he or Russell have any type of altercation before the murder occurred."