Carr case sent to Mo supreme court!

Forsyth MO. – In the case of Tristan Carr, not much could be gleamed by this blogger as to his coming trial other than the fact that this case was sent to the Supreme Court on February 1, after judge William recused [Note: Recusal is when a judge voluntarily chooses not to hear a case. Judges may recuse themselves in both criminal cases and civil cases like personal injury claims. ] himself due to 'earlier disqualifications'. No information was gotten concerned the February 2^nd hearing.

More search warrants issued in murder case!

Forsyth MO. – The investigation into the wrongful death of 18 year old Eric Summerfield continued, in mid November, as additional search warrants were recently issued. A request, by the media for the release of information concerning the search warrants had been rescheduled for a hearing scheduled for December the 6^th. The issuance of more warrants would indicated that the investigation was still active and, of some interest, is that a least some of the warrants pertained to juveniles. 

Tristan Carr, the suspect in the case, remained in jail on a half million dollar bond. Source: Taney County Times

Update: Dec 6, 2016 - State by PA Merrell. Defendant was with Attorney Davis. Media request to be filed in this case. Request for next hearing to be held on 1/26/17 @ 1pm. Preliminary was then set for hearing 1/26/17 @ 1PM. Defendant Carr's request to bar the media for being present during preliminary was denied. Media to be restricted to still photographs only. Deft to be allowed to have a dress shirt, slacks and slip-on shoes for preliminary. Jail to allow the changes of clothes immediately before hearing. Clothes to be provided by the Police Department. Motion for bond reduction taken up. Motion for reduction denied.

Tristan Carr's November 1 court appearance!

Due to a medical appointment in Springfield MO, I was unable to attend hearing #2 that took place in the Judicial Building in Forsyth, Missouri on November 1, 2016. Apparently not much transpired as only a few motions showed up on the docket for Tristan Carr.

Of some note was the successful motion by the defense to change judges. Judge Williams is out and now Judge Eighmy will be in charge. Eric Eighmy is an associate judge of the 38th Judicial Circuit Court in Taney County, Missouri. He was elected on November 4, 2014, for a term that expires on December 31, 2018..

Previously, he was a municipal court judge for the municipalities of Forsyth in Taney County and Highlandville in Christian County. Between January 20, 2014, and his ascension to the associate circuit bench, he was the judge for the municipality of Hollister in Taney County during Judge Randall Anglen's leave from the bench. I don't have much else on this man, but had to wonder why the defense didn't desire to stay with Judge Williams??

Other motions made by the defense included asking for Mr. Carr to be allowed in normal clothes with no restraints while he is in court. That one is pending, and a request to limited pre-trail publicity in accordance with Rule 16. This too appears to be pending.

There was no mention of a future court date at the time of this post.

Tristan Carr November 1 hearing!

Forsyth MO - Eighteen year old Tristan Carr, being held at the Taney Country jail on a half million dollar bond will appear before Judge Tony Williams at 9AM on November 1, 2016.

This will be the defendants second appearance in open court. The first time was on October 25 where his attorney asked for a bond reduction (denied) and a change of judge (also denied). His next appearance could go a number of ways, depending on the what options are available. But, what is pretty certain will be the need for the prosecutor's office to supply enough evidence for Judge Williams to make a decision on whether there is or is not enough there to either dismiss the case or to carry it forward to a trail. My bet is that the defense will ask for another continuance pending the outcome of a mental examination. That is speculation on my part, but were I in his shoes, I'd be looking at any way I could to plea down what is a charge of premeditated first degree murder. A charge that does carry the possibility of the death penalty in Missouri.

I hope to attend this hearing and will report on what I saw and heard later on November 1st.

Not a FaceBook event! It's an unfolding nightmare!

Posted on Facebook - Oct 26, 2016!

Life deals us all some pretty tough cards. On October the 15th, Amber Marie Cole lost her son Eric Summerfield as a result of a gunshot wound to the chest. The suspect, one Tristan Carr is another 18 year old, who graduated along with Eric from Forsyth High this past year. Both were friends according to many people I spoke with.

Both families are decimated as you might guess. None more so than the mother of Eric, as I witnessed her pain and grief at the courthouse in Forsyth on October the 25th where she came face to face with the alleged killer of her son.

Please get something straight from the get go. I was not a really great friend of either Ms, Cole or her son. But, nor was I a stranger. I knew Amber for some many years and we liked and respected each other. Eric came to swim in my pool along with Bandy NGO and her kids only just a year ago. Eric was young, he was full of youth and was great with her kids. (I wish now that I could have known this young man better). Time, however, does not allow for second chances it seems...

I'm posting on Facebook this just for one reason only. And, that is to ask for a few of you to show up at the next court appearance of Tristan Carr, currently scheduled for Tuesday, November 1, in a show of support for Eric's mom, Amber. The hearing is scheduled for 9AM at the Judicial Building at 266 Main Street in Forsyth MO.

I posted this on my own without anyone asking to do so. Living is full of a few wonderful times, interspersed with sadness. But, it is the coming together of a community that weaves a healing fabric, and which allows us to move forward.

The sad case of the death of a young man!

Summerfield and Carr

Forsyth MO. – As of this post, little in the way of actual facts are known surround the death of one Eric Summerfield at a home in Forsyth Missouri on the evening of October 15, 2016.

Here's what is factually known:

1. Mr. Summerfield died of a single gunshot wound to the chest.
2. The police arrested one Tristan Carr at his home where the shooting took place.
3. Mr. Carr was later charged with armed criminal action and murder in the first degree.
4. Mr. Carr is being held on half a million dollars bond in the Taney County jail.
5. Mr. Carr has pleaded not guilty.
6. Mr. Carr's next hearing is scheduled for Oct 25 at 9AM before Judge Williams.

That's the facts as best I knew them as of October 21^st.

Here's what is not known:

1. What was the official cause of death as determined by the coroner's exam?
2. What kind of firearm was used and was Mr. Carr legally in possession of it?
3. What witnesses were present at the time of the shooting?
4. Were words exchanged just before the shooting? If so, what was said.
5. What was the motive behind the shooting? A woman, money, something else, or was it just a terrible accident? 

These questions should come to light in the days to come, but no matter what, this was a tragic event that impacted not only Mr. Summerfield and Mr. Carr, but many others as well. Hopefully, justice will be correctly served and the circle of friends both these kids had will make such a disaster never happens to themselves or those they love.
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Update: As Mr. Carr has already been arraigned and given a probable cause statement, the next order of business would be the Preliminary Hearing:

In criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable by a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime. A preliminary hearing is held in the lowest local court (municipal or police court), but only if the prosecutor has filed the charge without asking the Grand Jury for an indictment for the alleged crime. Such a hearing must be held within a few days after arraignment (presentation in court of the charges and the defendant's right to plead guilty or not guilty).

Since neither side wants to reveal its trial strategy, the prosecution normally presents only enough evidence and testimony to show the probability of guilt, and defendants often put on no evidence at all, unless there is a strong chance of getting the charges dismissed. If the judge finds sufficient evidence to try the defendant, the case is sent to the appropriate court (variously called superior, county, district, common pleas) for trial. If there is no such convincing evidence, the judge will dismiss the charges.

Put another way, A preliminary hearing is best described as a "trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial.

I'll have more late breaking info on Monday, October 24...