Charges dismissed for suspect in 2016 murder – Sedalia Democrat
Charges are being dismissed against one of two suspects in the June 2016 arson death of Matthew Eldenburg.
Cody A. Harvey, of Sedalia, was charged in September 2016 with first degree arson and first degree murder, but those charges are being dismissed, according to Pettis County Prosecuting Attorney Phillip Sawyer.
A second suspect, Aran T. Cantrell, also of Sedalia, is facing the same charges, which will remain. Both suspects have been in the Pettis County Jail since their arrest.
Both Harvey and Cantrell requested change of venue and judge after entering not guilty pleas, and all requests were granted. Harveys case was set for a jury trial next week in Jackson County.
This morning it became evident to the Prosecutors Office that the admissible evidence was going to be insufficient to prove beyond a reasonable doubt that Cody A. Harvey committed the charged crimes, and accordingly, charges against Mr. Harvey are being dismissed, Sawyer said in a news release issued Wednesday evening. We are limited in what we can say about the evidence because a case is still pending against Aran Cantrell, but the problem does not stem from any failure on the part of the (Sedalia) Police Department or any inadequacy in its investigation.
The police department and other law enforcement agencies did everything they possibly could to bring the investigation to a successful conclusion. The problem involves an essential non-law enforcement witness who has given false or inaccurate statements as to what took place in the case.
Cantrells case is set for a jury trial in Clay County in July. Sawyer said the evidence issue involves only the Harvey case and that he expects Cantrells case to be tried in July.
Eldenburg, 30, died in a fire at his South Grand Avenue home June 23, 2016. Sedalia firefighters found him during a primary search of the residence and paramedics tried to resuscitate him, but he was pronounced dead at Bothwell Regional Health Center two hours after the fire began.
Cantrell and Harvey were arrested by SPD about a week after the fire, which was ruled an arson by the Missouri State Fire Marshals Office, and charged with first degree arson.
It wasnt until September that first degree murder charges were added, as Eldenburgs autopsy results were needed. Pettis County Coroner Robert Skip Smith told the Democrat in September the results showed Eldenburg was alive at the time of the fire, making the case a homicide.
According to court documents, several witnesses identified Cantrell as a suspect. Cantrell told SPD detectives Eldenburg was unconscious on the couch, admitting to getting gasoline from the garage and pouring it on Eldenburg. He said an accomplice, identified as Harvey, lit Eldenburg on fire. Cantrell said he poured gas throughout the house and that Harvey lit the fire with the stoves natural gas turned on, both leaving the house once the fire began.
Harvey was then questioned by detectives, but he maintained he was not involved in the fire. However, he was unable to give an explanation as to where he was from 10 a.m. to 2 p.m. June 23, and admitted to being in an argument with Eldenburg the night before.
Aran Cantrell
http://sedaliademocrat.com/wp-content/uploads/2017/05/web1_Aran-Cantrell.jpgAran Cantrell
Cody Harvey
http://sedaliademocrat.com/wp-content/uploads/2017/05/web1_Cody-Harvey.jpgCody Harvey
Second suspects trial set for July
Nicole Cooke can be reached at 660-530-0138 or on Twitter @NicoleRCooke.
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Charges dismissed for suspect in 2016 murder - Sedalia Democrat
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