Story Published:
Sep 29, 2008 at 6:25 PM CDT
Story Updated:
Sep 29, 2008 at 6:54 PM CDT
WAYNESVILLE, Mo. -- Neldon Neal hid from law enforcement in a log in the Mark Twain National Forest for several weeks last year. A year after his capture, his second-degree murder case has gone to trial.
Opening statements and the beginning of testimony was Monday in Pulaski County Circuit Court. Neal is charged for the shooting death of his estranged wife, Judy Lewis, at the couple’s home near Roby in Texas County. Neal fled after the shooting.
Prosecutors called a few witnesses on Monday, including Marsha Sumrall, the victim's ex-daughter-in-law.
Sumrall told her view of what happened March 13, 2007. Police reports say Neal was drinking most of the day before confronting Judy Lewis of an affair.
The argument turned physical. Hoping to protect Lewis and her daughter, Sumrall found a gun.
"What happened?" Texas County Prosecutor Mike Anderson asked.
"It wouldn't work," Sumrall answered.
"You were trying to shoot neldon neal?"
"Yes, sir," Sumrall said. "Because he was trying to kill my mom."
"At that point Neldon leaves the room," Anderson said, "and comes back in with another gun?"
"Yes, sir," Sumrall answered.
Sumrall says Neal chased her out of of the mobile home with the gun. Lewis tried to stop him, and that's when one of the guns fired.
"He turned around and shot her in her heart," Sumrall cried.
The defense spent most of the day questioning Sumrall's testimony by showing inconsistencies.
Following Sumrall's testimony, the defense asked for mistrial. They claimed Sumrall showed a picture of Lewis to the defense table. The question from the judge was did any of the jurors in the box see this picture, this picture that was not state's evidence.
But Neal learned he would stand trial. Despite 8 of the 14 jurors admitting to seeing the picture.
The defense tried to dispute the distance between Neal and Lewis. Neal told officers that there was a struggle over the gun and it just went off.
Neal has already been found guilty in federal court as a felon in possession of a firearm. He recently started serving the 17-year prison sentence for that. Before the shooting, he was on parole for robbery, false imprisonment and unlawful use of a weapon at the time of the shooting.
The murder trial was moved here from Houston to try to ensure a fair outcome. A jury from Moniteau County is hearing the case. If Neal is convicted, he could get a life (30-year) prison sentence.
