Judge denies bond in deadly Moberly shooting

HUNTSVILLE, Mo. (KMIZ)

Judge Mason Robert Gebhardt has denied bond to a man accused in a deadly July 8 shooting in Moberly.

Judge Gebhardt on Wednesday set a Sept. 10 preliminary hearing date for Jerry Fitzwater of Moberly. Fitzwater, 79, is charged with first-degree murder, armed criminal action and unlawful use of a weapon in the shooting death of Mitchell Nickerson.

The victim's daughter, Brittany Nickerson, and prosecutor Stephanie Luntsford asked the judge for no bond.

Luntsford said Fitzwater may not be a flight risk but his previous threats to shoot people in the neighboring house could put him and others in danger. Fitzwater is accused of shooting Nickerson outside the house while Nickerson was working on a vehicle.

Defense attorney John Patrick Rogers asked the judge for a $400,000 bond. Rogers said the Randolph County Sheriff's Office worries about Fitzwater in jail because of his health.

Rogers said Fitzwater has already gone to the hospital once for health issues while in jail.

Gebhardt said he'll make a decision on bond soon.