DA: Statements are ‘speculative at this point’
By Josh Mitchell
Corrinth Today News Editor
“Eyewitnesses” will testify that an off-duty trooper was “intoxicated” and “aggressive” when he was fatally shot over a month ago in Big Hatchie Bottom near the Tippah/Alcorn County line, according to the suspect’s attorneys.
Defense attorneys Jamie Franks and Bill Wheeler of Tupelo represent Troy Anthony Eaton, 43, of Rienzi, who is charged with capital murder in the Sept. 30 shooting of off-duty Mississippi Highway Patrol Trooper Josh Smith, 32, of Alcorn County.
Tippah County District Attorney Ben Creekmore said he would characterize the statements from Eaton’s attorneys as “speculative at this point” and said he would not want to describe any part of a case until the investigation is complete.
“I don’t believe at this point it’s appropriate for his lawyers to pick out certain details” to express publicly, Creekmore said. “That is really for a judge to decide what is relevant in a court of law.”
It “probably would be best to have a forum like a courtroom to discuss what is relevant about a case,” Creekmore added.
He said he is “not aware of anything that would indicate” Eaton is not properly charged.
In addition to the capital murder charge, Eaton is also charged with the attempted murder of Rickie Dale Vick, 38, of Michigan City.
The Mississippi Bureau of Investigation continues to investigate the case. It is unclear when it may be presented to a grand jury. Meanwhile, Eaton posted bond Friday after being held about 40 days without bond.
The charging affidavit against Eaton alleges that he fatally shot Smith knowing that Smith was acting in an official capacity as a law enforcement officer at the time.
But Eaton’s 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 was killed.
The Mississippi Highway Patrol and the Mississippi Bureau of Investigation declined comment on the statements made by Eaton’s lawyers. The MBI and MHP referred questions to the district attorney, citing the ongoing investigation.
This is bull. Josh was a darn good person and well reserve. He was one of those guys you couldn’t help but like. I have been there many of times when we were out riding around on ATV s and never once did I see him get agressive by no means a lot of time. Alot of time I was the one who Josh Smith had to settle me down. Josh was a one of a kind and thoughtful person who was like by many.. if it was a self defense explain the shooting of Ricky. What yeah maybe the statement you can’t talk when you’re dead is something that Troy Eaton made so the truth could be told… Murder is murder and no other way to look at it. I David Wilkerson just so no one can say I am hiding like a coward with a screen name …