|Timothy Lee Seaman (mug shot BCSO)|
A man from Crane charged with first-degree murder for the November 2006 shooting death of David Dulin waived his right to a preliminary hearing today (03-04-11.)
Stone County Prosecutor Matt Selby has also charged Timothy Lee Seaman, 34, with armed criminal action and robbery. By waiving his right to his preliminary hearing, Seaman's lawyer, Christopher Hatley, concedes that the state has enough evidence against his client to proceed to trial.
Shortly after midnight on November 29, 2006, Dulin called 9-1-1 and told the dispatcher that two men in their 20's or 30's had broken into his home and shot him in the head with his own .22 pistol.
As Dulin lay dying in his home at 403 Tin Can Hollow, Hurley, he told the 9-1-1 operator that he did not know who shot him, but stated that the assailants were from Hurley and that one of the men said he was the "Eby girl's boyfriend."
Seaman was married, but separated, from Candy Eby-Seaman at the time of Dulins murder.
Selby says he was disappointed that he didn't get the chance to put any witnesses on the stand and get their testimony on the record.
Hatley says it was exactly for that reason he waived. "If anything happens to any witnesses that testified before this case proceeds to trial they can use that testimony against my client."
In 2008, Zackary Lee Stewart of Hurley was tried and convicted by a jury of first-degree murder for Dulin's murder in Greene County where the case was moved on a change of venue. He was sentenced to life in prison without the possibility of parole.
The Missouri Supreme Court reversed Stewart's conviction last year. He was scheduled to be retried for Dulin's murder on February 14, 2011, when Selby announced on December 3rd that he was dismissing those charges saying he'd received "more information" about Dulin's death. "Based on all of the information currently available," Selby said, "I do not believe that it is appropriate to continue Zackary Stewart's current prosecution."
Shortly before Christmas last year Selby filed murder charges against Seaman.
Hatley says he has not made a decision on whether or not he will ask for a change of venue yet, "We have ten days from the time he's arraigned to make that decision but it seems to me that this is the fourth or fifth person Matt has charged in this case. One person has been tried and convicted and that sentence was reversed on appeal. I think if anyone knows the back story and the players allegedly involved in this case it's the citizens of Stone County ."
There is one thing Selby and Hatley agree on.....neither expect this case to proceed to trial for at least a year and a half.
Seaman, who is currently being held in the Barry County jail on $1 million dollar cash only bond, will be formally arraigned in circuit court on March 7th.