A man accused of murdering his roommate and then dumping his body at a hog farm wants his statement to authorities thrown out because he claims officers violated his constitutional rights.
The accused murderer, Timmie Lee Bain, 50, is charged with killing Daniel Mayo in a homicide authorities say actually happened a couple of years before he was charged last year.
Dustin Ray McKillip and Gary Lee Lankford Jr., are also charged with murder and abuse of a corpse for helping Bain dispose of Mayo’s body after he was allegedly gunned down by Bain. McKillip and Lankford are also charged with being accessories after the fact.
Bain stands charged with shooting his roommate and co-worker in the face with a shotgun during a drunken argument at their apartment that adjoined a hog barn where they worked at Mud Creek. The incident, which happened over three years ago, was allegedly witnessed by Marie Parsley, who had come to the residence to bring Bain dinner. She testified during preliminary hearing last summer that she walked in on Bain and Mayo cursing and yelling at one another and noted Bain pulled a shotgun.
Parsley said she advised Mayo to run but he didn’t take her advice. Instead, he stood outside taunting Bain, saying he didn’t even know how to fire a gun. That is when she said Bain walked out and shot Mayo in the face.
A short time later, the woman recalled several people showing up at the residence. While she did not witness it, she said the men cleaned up the blood and moved the body and threw it into a small pond on the hog farm. She said she saw it floating a few days later and told people she intended to go to the police. That is when she maintains McKillip threatened her life.
“You go to the police and I’ll kill you,” she recalled McKillip saying.
After the threat, Parsley said the men again moved the body and buried it elsewhere on the hog farm. The remains have still not been found despite the best efforts of lawmen and cadaver dogs.
The defense has pointed out Parsley is a diagnosed schizophrenic and is bipolar. Her sister had her admitted to a mental hospital when she first made the claim of witnessing a murder.
In light of the upcoming trial date, both McKillip and Lankford were granted severance from Bain, meaning they will be tried separately from the alleged trigger man.
Meanwhile, Bain wants his statement to authorities kept from the jury when he goes to trial. He claims he made his statement to authorities without being given his Miranda rights to remain silent and to have an attorney present during questioning.
The content of his statement to investigators is not known. The hearing date for motions in the Bain case is set for June 22.