Monday's Internet Edition, 05:39 PM, February 08, 2010.
Murder case
sent on to
circuit court
By DAVID HEDGES
Publisher
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A magistrate found probable cause to send a murder charge against a Mason County man to circuit court for consideration by a grand jury after a preliminary hearing in magistrate court Friday.
But defense attorneys were left wondering why some of the witnesses were not charged as well.
Greg Leach, 20, of Letart is charged with the beating death of Kenneth Glenn Boggs. The 44-year-old was found dead in his Spencer apartment the morning of Jan. 20.
Leach was represented by public defenders Teresa Monk and Rocky Holmes at Friday’s preliminary hearing before Magistrate Russell Goodwin.
Leach did not testify, but some of those present when he allegedly delivered a beating that proved to be fatal to Boggs did take the stand.
Police said several people were drinking in Boggs’ Locust Avenue apartment the previous night, which was Leach’s birthday.
The witnesses allegedly saw Leach beat Boggs on several occasions during the night. Some said after Boggs would pass out, Leach would throw water in his face to revive him, then beat him more.
Alicia Spears said she spent the night in the apartment with Leach and saw him strike Boggs several times.
She said Leach stripped Boggs naked and at one point tried to insert a soft drink bottle and pen into his rectum.
When prosecutor Josh Downey asked if Boggs could defend himself, Spears said he was not able.
When Holmes asked if she tried to do anything to stop the beating, Spears again said no.
“I just sat there,” she said. “I didn’t know if I was going to get hit or not.”
On another occasion, Spears said she was not afraid of Leach, who is listed as 6’1” and 181 lbs. on the Central Regional Jail Web site. He remains in the jail without bond.
Goodwin said he could not set bond in a murder case, although Leach could request bond in circuit court.
Another witness, Dustin Brumfield, said Leach might have killed anyone if they tried to stop him.
Brumfield said he saw Leach deliver a blow to his Adam’s apple that caused Boggs to gasp before he died.
Trenton Walker, also of Letart, said he was Leach’s brother and shared an apartment with Boggs until the landlord evicted him Jan. 5. He said he and Boggs would sometimes fight when they were drunk.
He said several of those who stopped at Boggs’ apartment that night had been drinking beer at Jessica Tyo’s apartment on Vandale Avenue, a short distance away.
Walker said he had taken some pink pills that night, but he was not sure what kind of pills they were.
He said during the night he went to Boggs’ apartment and cooked some eggs and sausage for himself before he went back to Tyo’s apartment and passed out.
When he returned to the apartment the next morning, he saw Boggs on the floor and grabbed his ankle and shook it to revive him.
When he got no response, he said, “I told Greg to call the paramedics.”
When the ambulance arrived, Boggs was declared dead.
A death certificate completed after an autopsy at the state medical examiner’s office listed the cause of death as multiple injuries sustained from an assault.
After the hearing, Monk said some of those who sat by and watched as Boggs was beaten should have been charged with conspiracy.
“They didn’t call the police. They didn’t call for an ambulance. They didn’t call anybody, even though they were in and out of the house all night,” Monk said after the hearing.
Downey did not indicate whether any charges would be filed against others in the case. The prosecutor was out of his office this week while attending a seminar.
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