SPRINGFIELD -- Greene County prosecutors have upgraded the charge against a man who’s charged with killing his mother. Skyler Russo, 23, was originally charged with second-degree murder for the death of Judith Roth, 54, on June 2. Now he’s charged with first-degree murder.

Greene County chief assistant prosecuting attorney Dan Patterson says Russo's statements since his arrest show Roth's death was premeditated, not committed just on the spur of the moment or in the heat of passion. Patterson hasn’t indicated if he’ll seek a death penalty if Russo is convicted of first-degree murder.

Associate Circuit Judge Jason Brown heard some of the evidence against Russo on Wednesday. After the preliminary hearing, he ruled there’s enough evidence to send the case to trial court.

Court documents show Roth tried to have her son temporarily committed four days before her death. She called police at least twice this year after being attacked by Russo.

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(June 3, 2009) SPRINGFIELD -- Greene County prosecutors charged a man for the death of his mother, whose body was found in a duplex at 749 S. Nettleton Ave. on Tuesday morning. Skyler Russo, 23, is charged with second-degree murder for the beating and suffocation death of Judith Roth, 54. Neighbors say Russo and Roth shared the duplex.

A detective says Russo admitted after his arrest on Tuesday that he and his mother had an argument that turned violent on Saturday. The detective's probable cause statement says Russo said "he pushed Roth to the ground and then began choking and striking her in the facial area."

It says Russo hit his mom 20 to 30 times in the throat until she was unconscious and then stuffed a t-shirt in her mouth.

When police arrived, Judith Ann Roth's arms were stretched out like a cross, and the word "death" was carved into her arm.

In an interview with Russo's priest, Father Mike McDevitt, he says Skylar was a troubled and hurting sole. Father McDevitt says Russo would often show up at St. Agnes because he found compassion there. He says Russo was very disturbed.

To read the probable cause statement against Russo, click here.

"Skyler Russo admitted he struck Roth 20-30 times in the throat with his fist until she was unconscious. Skyler Russo also admitted that he stuffed a t-shirt into Roth's mouth during the assault. The information provided by Russo during the interview was consistent with physical evidence that was found at the crime scene. Russo advised he knew Roth was dead after he assaulted her," the probable cause statement concluded.

Police say the crime scene fit a pattern that neighbors described to a reporter on Tuesday. The neighbors said Russo often used duct tape to stick crosses on vehicles with notes that say, "Do you know Jesus?" They also said Russo passed out figurines of Mary, the mother of Jesus. The neighbors said they believe the man has a mental illness.

Roth's body was "lying in one of the bedrooms on the floor facing up. . . her arms were spread apart (in the shape of a cross) and the word "DEATH" was written on the underside of her right forearm. . . religious items (were) all over the residence along with duct tape crosses located on the east side . . . of the duplex on the outside."

Springfield police, Greene County sheriff's deputies and Missouri State Highway Patrol troopers arrested Russo early Tuesday evening after serving a search warrant at his grandfather's home at 3556 S. Meadowlark Ave., just west of the city near Farm Road 164 (Walnut Lawn Street). Police say Russo refused to come out of the house for a time after he spotted officers surrounding the home. They eventually arrested him peacefully after negotiating with him.

A neighbor says Russo's grandfather and Judith Roth's father, Joseph Roth, has cancer and moved into a nursing home a couple of months ago. Court records show his affairs and finances are now being handled by David Yancey, the Greene County public administrator.

Yancey said he went to court this spring and had Judith Roth and Russo evicted from the home on Meadowlark because the three family members couldn't get along. Court records also show Joseph Roth asked for a judicial order of protection against Russo after Russo beat his grandfather.

Yancey said he put Joseph Roth in a nursing home for his own protection from his daughter and grandson. Yancey says he believes Judith Roth and Russo moved to the duplex on Nettleton after being evicted from the home on Meadowlark.

Two years ago, Judith Roth went to court to gain guardianship over her son. Her petition, which was accepted by a judge after hearings, said Russo was mentally incapable of handling his own affairs. On Thursday, Yancey was appointed to be Russo's guardian for the next six months, at least.

Prosecutors asked a judge to hold Russo without bond. They said he has no means of support and a history of violent behavior. If Russo is convicted of second-degree murder, he could face a prison sentence up to 30 years. Prosecutors said it's possible they'll file more charges against Russo for Roth's death.

In a hearing on the murder charge on Thursday, a judge appointed a public defender to represent him, ordered a mental exam for Russo, and ordered a study to determine whether he should continue to be held without bond. The next hearing was scheduled for June 10.