Preliminary Hearing Postponed as State Cites ‘Fluid’ Investigation

By Josh Mitchell

Corinth Today News Editor

The suspect charged with capital murder in the shooting of an off-duty Mississippi Highway Patrol trooper over a month ago was released from jail Friday afternoon, his attorneys said.

Troy Anthony Eaton, 43, of Rienzi, was released shortly after Tippah County Circuit Court Judge Andrew Howorth set bond at $200,000 on a capital murder charge and $100,000 on an attempted murder charge, said his attorneys, Jamie Franks and Bill Wheeler of Tupelo.

Eaton is charged with capital murder in the shooting of off-duty MHP Trooper Josh Smith, 32, of Alcorn County in Big Hatchie Bottom near the Alcorn/Tippah County line.

The judge also granted a motion by the state to postpone a preliminary hearing that was set for next week. Holding a preliminary hearing next week would be “premature and could be detrimental to the integrity of the investigation,” the motion requesting the continuance stated.

“At this point, the investigation is still fluid and ongoing by the Mississippi Bureau of Investigation,” the motion states.

The motion for the continuance noted that Eaton’s attorneys want subpoenas issued to several officials and agencies. The defense attorneys are seeking information on Smith, such as toxicology reports, employment records, 911 calls and many other documents. Some of the people who are proposed to be subpoenaed were set to be called as witnesses by Eaton’s attorneys in the preliminary hearing, the motion states.

Prior to his release Friday, Eaton had been held in jail without bond for about 40 days. He turned himself in on Sept. 30, hours after the shooting. The bond includes conditions that Eaton not have any contact with Smith’s family, Tippah County District Attorney Ben Creekmore noted.

Eaton was allegedly beat up inside the Tippah County Jail a few days after his arrest and was relocated to Marshall County to ensure his safety, according to Franks. The FBI said last month that it was looking into the jail-beating allegation to see if there were any civil rights violations.

The charging affidavit against Eaton alleges that he killed Smith knowing that Smith was acting in an official capacity as a law enforcement officer. But the defense attorneys have said there are a “multitude of witnesses” who support the claim that Eaton was exercising his legal right to self defense when Smith, who was off-duty, was fatally shot in the rural, isolated area near the Alcorn/Tippah County line.

Creekmore said he is not aware of anything that would indicate that Eaton is not properly charged. Eaton is also charged with the attempted murder of Rickie Dale Vick, 38, of Michigan City.

Tippah County Coroner Chris McCallister has said it appears that Eaton was sitting inside a vehicle on the passenger side when he allegedly shot and killed Smith. It appears Smith was standing outside the vehicle when he was shot once in the head/face area, McCallister has said. Authorities responded to the shooting in Big Hatchie Bottom near the Alcorn County/Tippah County line at around 12:45 a.m. Sept. 30.

Witnesses said Smith was armed with a firearm when he was fatally shot, according to Franks.

It is unclear when the case may be presented to a grand jury, said Creekmore, adding that it depends on how long it takes MBI to complete its investigation. The next regular grand jury will be in April.