Dec. 22—ANDERSON — A request for the setting of bond for Tywaine Perry, charged with murder, has been denied.
Madison Circuit Court Division 6 Judge Mark Dudley Tuesday denied Perry's request to set bond after his trial ended last month in a deadlocked jury.
Perry, 22, is charged in the Dec. 8, 2016, shooting death of Carlson Conn and wounding Marcus Prickett in the arm in the house the two men shared in the 24 block of Lincoln Street.
His third trial on charges of murder and attempted murder in connection with the shooting has been set for April 11.
Perry's defense attorney Spenser Benge maintained that the evidence presented at his murder trial established that he was entitled to a bond.
The Madison County Prosecutor's office argued here was sufficient evidence presented at the trial to deny the bond request.
"The court denies Perry's Motion to Set Bond. For this analysis, the State need only meet its burden by a preponderance of the evidence," Dudley wrote.
"The evidence in front of the jury is that whoever shot and killed Carlson Conn did so over a drug debt," the decision reads. "During the trial, there was no physical evidence linking the murder or attempted murder to the defendant. The primary link was the eyewitness testimony of Marcus Prickett."
The key testimony during the trial in which the jurors deadlocked on reaching a verdict was that of Prickett, the only eyewitness to the shooting.
Prickett testified that Perry opened the door to the house he shared with Conn, asked where Conn was and displayed a gun. Prickett said he left the living room and went to a bedroom.
A disputed point during the trial was a letter Prickett set to the court in 2019 in which he stated he lied and could not identify the shooter.
Prickett testified that Perry wrote the letter and he copied it. A state's witness testified that she placed money in Prickett's jail commissary account at the direction of Perry.
Deputy Prosecutor Daniel Kopp in his closing remarks said Prickett made inconsistent statements and wrote the letter because he was intimidated and scared after being threatened while in jail on an armed robbery charge.
Perry's first trial started on Aug. 10 with the selection of a jury, but the next day Dudley declared a mistrial when people were talking to the jurors about the case.
Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.