NEW MADRID - A man accused in the home-invasion and murder of an elderly New Madrid resident will not face trial.
A preliminary hearing for Bobby L. Mays Jr., 27, of Howardville was conducted Monday in Division II of New Madrid County Circuit Court. Mays and Cornelius Sutton, 18, of New Madrid, were charged with first degree murder, first degree robbery and armed criminal action for the murder of Charles "Charlie" Toler, 70, on Aug. 17.
Judge W. Keith Currie of Pemiscot County's Division III, who presided over the nearly hour-long hearing, ruled Wednesday there was not enough evidence to order a trial for Mays.
According to New Madrid County Prosecuting Attorney Lewis H. Recker, further investigation into the incident will continue.
A preliminary hearing for Sutton is scheduled for Monday.
Mays was released from custody on the murder charges and taken back into custody on an outstanding warrant, according to a spokesman with the New Madrid County Sheriff's Department.