Judge denies motion to remove evidence in 2017 Columbia murder case

COLUMBIA, Mo. (KMIZ)

On Friday, lawyers in the Jeffrey McWilliams case presented motions to a judge over whether DNA evidence and cell phone tower information should be admitted or dismissed.

McWilliams is charged with second-degree murder, first-degree robbery and armed criminal action in the shooting death of Augustus Roberts back in 2017. 

Police believe the murder was a home invasion that was drug-related and the home was targeted. 

The judge denied the motion to dismiss cell phone tower information in the case. 

The defense was not aware of the cell phone tower warrant and the judge took a brief recess for the defense to look over the 12-page warrant. 

The defense argued the warrant was more of an administrative order and its use is a violation of constitutional protections against illegal searches. Lawyers with the defense say the state brought forward no evidence today of the cell phone tower search and when it occurred.

Defense Attorney Steven Wyse says, "I made the argument, the government made argument no testimony was presented, I've never been involved in a motion where no testimony was presented, where evidence wasn't presented and cross-examination."

The state on the other hand says cell phone tower information provides probable cause and shows the defendant's cell phone number being connected to a tower near where the murder occurred and during the time of the murder. 

The state says McWilliams phone shows him communicating with people that a witness said were involved in the murder. 

The defense said they will be filing another motion to deny the cell phone tower information. 

The prosecution said they do not want to comment during an ongoing case. 

A pre-trial hearing is set for April 8th at 1 p.m.

The trial is set to start April 19 and is expected to last four days. McWilliams has entered a not guilty plea.