DONIPHAN — Charges of murder and kidnapping were dismissed Tuesday morning against Derek Ray Bunyard in Ripley County Circuit Court.
In dismissing the second-degree murder and kidnapping charges, as well as an arson charge, Associate Circuit Judge Thomas D. Swindle cited a lack of sufficient evidence presented during a Sept. 4 preliminary hearing.
Swindle ruled evidence was sufficient for Bunyard to be bound over on the felony charges of tampering with physical evidence in a felony investigation and abandonment of a corpse.
Bunyard was ordered to appear at 9 a.m. Monday before Presiding Circuit Judge Michael Pritchett for arraignment on the charges.
Bunyard, 36, of Doniphan was one of six people charged in the July 21 death of 44-year-old Daniel Lee Richardson.
Bunyard, represented by attorney Devin Kirby, was the first of six suspects in Richardson’s death to appear for a preliminary hearing. The other five are scheduled to appear on Oct. 25.
During the Sept. 4, hearing, Ripley County prosecutor Teddy Thompson called two witnesses, including Deputy Chad Keathley, an investigator for the Ripley County Sheriff’s Department.
Thompson submitted as evidence an audio recording of an interview of Bunyard conducted by Keathley during the murder investigation.
In the interview, Bunyard told the investigator he was at his residence the night of July 20-21 and allowed suspect David Scrivner, who was staying with him, to borrow his vehicle.
Scrivner and the four others allegedly drove to Poplar Bluff and picked up Richardson at a convenience store before assaulting him.
The suspects allegedly returned to Bunyard’s home on Route K, north of Doniphan, and placed the victim in a cardboard barrel before taking it to an abandoned house and burning it.
During questioning, Keathley said, Bunyard told him after Scrivner returned to his house with the other suspects, he was aware an assault had occurred, and he attempted to clean the interior of the vehicle.
During cross examination, Kirby asked Keathley if Bunyard admitted to ever seeing the body.
“No, sir,” Keathley said.
The deputy said Bunyard told him the barrel had been in the kitchen, and after Scrivner returned, it was moved to the front porch.
“Did he admit to a body being present at the house?” Kirby asked.
“He never stated that he knew there was body there,” the deputy said.
Kirby asked Keathley if Bunyard stated he knew why Scrivner asked to borrow the vehicle.
The deputy said no.
Thompson called one other witness, Ripley County coroner Mike Jackson.
Jackson said he was contacted July 27 in regards to human remains found on County Road 21N-18.
“The remains were very badly burned and appeared to be in a cardboard type barrel with metal rings at the top and bottom,” Jackson said.
The coroner said an autopsy was performed by Dr. Russell Deidiker at Mineral Area Medical Center. The remains positively were identified by a tattoo on the victim’s shoulder and dental records.
Jackson said a cause of death still was not determined due to the condition of the remains.
“I have not received an autopsy report yet,” he said.
In his closing statements, Kirby challenged what he called a lack of evidence presented against Bunyard by the prosecutor.
“There was no evidence presented today that this crime occurred,” Kirby said.
The original charges against Bunyard were the same as those filed against the other five suspects — Schylar Alexis Tubbs of Fairdealing; Jerad Lynn Lloyd, David B. Scrivner Jr., Dawn Alexis Lloyd and Cody Allen Payne, all of Doniphan.
They included first-degree murder, kidnapping, armed criminal action, second-degree arson and tampering with physical evidence.
On Sept. 3, Thompson amended the charges against Bunyard to include second-degree murder and abandonment of a corpse.
During the hearing, Thompson dismissed the first-degree murder charge against Bunyard.
At the conclusion of the hearing, Judge Swindle dismissed the armed criminal action charge citing a lack of sufficient evidence.
Swindle took the remaining counts under advisement until he had time to review the audio recording presented as evidence.
Bunyard also is facing several charges from his arrest July 27 by the Missouri State Highway Patrol following a traffic stop on U.S. Highway 160 east of Doniphan. Those charges include felony possession of a controlled substance.