Defense Says They Were Missing Thumb Drive of Evidence in Wilson Murder Case

By Benjamin Cox on August 29, 2022 at 6:47pm

The defense attorney for a man facing first-degree murder charges in Morgan County Court for a 2021 shooting is asked where evidence had gone in his client’s case on Friday.

37 year old Joshua E. Wilson was arrested on a charge of first-degree murder in February 2021 in the shooting death of 26 year old Malcom V. Fitts of Chicago. Fitts, who is originally from Jacksonville, died from a gunshot wound in the 800 block of Hoagland Boulevard on the morning of February 28, 2021 at Jacksonville Memorial Hospital.

The Journal Courier reports that Wilson’s attorney, Michael Shantz, asked the court on Friday where a thumb drive had gone after an envelope with discovery material arrived at his office empty. Shantz told the court that the envelope arrived open and damaged with the material missing.

Morgan County State’s Attorney Gray Noll said his office had given the discovery materials in a format that wasn’t compatible with Schantz’s software, so they sent it in a different format on the thumb drive. Noll said that Shantz contacted him about the open envelope and the state would provide Shantz the material directly after the hearing on Friday.

Macoupin County Judge Kenneth Diehl has not set another hearing date in the case. However, according to court recordings, a jury trial has been tentatively set for November 15th.