However, defense attorney Samuel Talley said the report indicated there was no powder stippling, which is the result of a close gunshot wound, which means Napoleon shot Matlock further away then what the teen testified. He also argued the state failed to prove the crime of first-degree murder because the crime was not premeditated.
“What you have is a 16-year-old kid who brought a gun to a party,” Talley said.
Talley also urged the judge to consider evidence from a different hearing, which was not presented in court through either testimony or exhibits. Talley said the evidence he wanted the judge to consider was that witnesses from the party said Matlock had a bottle in his hand with his arm raised to Napoleon and that the investigating detective found a bottle at the scene.
Since the judge is required to make a determination of probable cause from only the testimony and evidence presented during the preliminary hearing, Stice ruled Napoleon be bound over for trial as charged. Formal arraignment will be set up with District Judge Lori Walkley, he said.
State law dictates that individuals age 15 to 17 charged with first-degree murder to be tried as an adult.