The court ruled that three facts were established during trial: Hypes pulled the gun’s trigger during the shooting, he pulled that trigger while holding the gun six inches from Marsh’s head, and the gun was fired parallel to the floor.
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“It is hard to say for certain what transpired between Hypes and Marsh,” the court said in its ruling. “But based on all of the evidence, a jury could reasonably infer a scenario of what happened. Hypes and Marsh were arguing in the kitchen. She started pushing him and mocking him. His anger rising, Hypes pulled out the gun and threatened Marsh with it. She was not cowed by the gun and continued her taunts. Standing about an arm’s length away, Hypes then raised his right arm and pointed the gun at her head, his finger on the trigger. Hypes pulled the trigger. This scenario accounts for the characteristics of the entrance wound, the location of the bullet’s entrance, and the trajectory of the bullet through the left side of Marsh’s brain.”
His attorney said he had been pushed down stairs and shot at.
“These statements undoubtedly left the jury wondering who threatened, pushed, and shot at Hypes,” the court said. “The evidence about his gang involvement provided the answer. Hypes himself made the evidence relevant. Furthermore, given all the other evidence, we do not believe that the exclusion of the evidence about Hypes’s gang involvement would have changed the jury’s verdicts.”
A new court date is set in the case against a Springfield man accused of raping a child, and prosecutors allege he made threats against the child if she told anyone.
2. Springfield man charged with rape of child
Christopher Walden, 37, was charged with rape of a child.
Springfield police began their investigation Sept. 20 when they were assigned a case to investigate an alleged rape of a child under the age of 13, an affidavit filed with the criminal case says. The child victim was interviewed by officials at the Clark County Child Advocacy Center.
“The child victim disclosed that in August 2019, Christopher Walden had pulled her pants off her in his bedroom and talked to her about (sexual activity),” the affidavit says.
The child victim then told authorities that Walden began to sexually assault her.
RELATED: Springfield man charged with rape of child
“After the child victim stated Mr. Walden was done, the child victim stated that Mr. Walden then pulled his pants down around his ankles and told her to do it to him,” the affidavit says. “The child victim refused at which time Mr. Walden stated ‘fine’ and got dressed.”
“Mr. Walden was questioned at police headquarters on Oct. 16 and questioned at BCI on Oct. 17,” the affidavit says. “On Oct. 17, after being Mirandized … Walden was questioned and later admitted to penetrating the child…”
“Mr. Walden had (a law enforcement officer) write an apology letter to the child victim expressing his remorse for the offense,” the affidavit says.
Springfield police are thanking the public for their help in putting a man behind bars who they say went on a robbery spree throughout the city.
3. Springfield man charged with four area business robberies
Everett Stokes Jr., 32, is charged with three counts of robbery, one count of aggravated robbery and having weapons while under disability.
Stokes is accused of robbing Security National Bank on West Main Street, the Speedway store on South Burnett Road twice, and the Speedway at 1314 E. Main St.
Detective Ronald W. Jordan said Stokes first went into the bank on July 18 and handed the teller a note demanding money. The note said, “no bank tape, no trackers, no die packs, $5,000.00.”
The first Speedway robbery Stoked is accused of was on Sept. 22 at the store on South Burnett Road.
According to court documents, the suspect ordered the clerk to the register while he had his hand in his jacket as if he had a gun.
The documents go on to say, “The suspect punched (the victim) in the face with a closed fist after grabbing cash from the cash register. After that, the suspect left the store out the front heading north towards East High Street.”
RELATED: Springfield man charged with four area business robberies
Stokes allegedly shed a layer of clothes after the robbery, and the clothes were found by officers nearby. Jordan said he also saw surveillance video from an apartment complex that helps to put Stokes at Speedway during the time of the crime.
“(I) find Mr. Stokes leaving — carrying a gym bag and a different set of clothes. He leaves shortly before the robbery and returns short time later,” Jordan said.
On Oct. 2, the Speedway store on East Main Street was robbed — then another robbery at the Burnett Road Speedway on Oct. 3, but this time Stokes had a gun that he used to threaten the cashier and get away with the money, according to Jordan.
During these robberies, Jordan said Stokes used a similar approach when robbing the stores as far as shedding layers of clothes, but that ultimately led to his demise.
Bond was set at $30,000 for Stokes. He was listed in custody at the Clark County Jail as of Sunday.
A Springfield man accused of murder is now facing more charges after he was arrested over the weekend for having a loaded handgun in the glove box of his car.
4. Springfield man accused of murder arrested for having loaded gun in car
Gabriel Crossley, 31, was out of jail on bond for a murder charge when he was stopped by a Springfield police officer for having a window that was illegally tinted, according to documents filed in Clark County Municipal Court.
Officers also found marijuana, cocaine and a loaded handgun in the glove box of the car that Crossley was driving, documents stated.
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“He said people were out to get him, so he carried it,” Springfield Police Lt. Lou Turner said. “He said he had this handgun with him for protection.”
Crossley was charged with carrying a concealed weapon and improperly handling a firearm in a motor vehicle; he also faces drug charges. He pleaded not guilty to the charges and a new bond was set for him at $5,000.
Crossley already has an open murder case, and it’s not clear how these new charges will affect it.