Murder suspect bound to grand jury

An Elba man charged with murder was bound over to the Coffee County Grand Jury after a preliminary hearing before District Judge Chris Kaminski Monday, July 17.

After an hour of testimony by an Enterprise Police Criminal Investigation Division detective, Kaminski ruled that there was enough evidence to proceed with the murder charge against Ted Carstiel Caldwell, 31, who has remained free on $100,000 bond following his April 9 arrest.

Caldwell is charged in connection with the shooting death of Marcus Eugene Virghes, 39, also of Elba, that occurred at 1451 Shellfield Road in Enterprise in the early morning hours of April 9.

Enterprise Police Department Detective Will Ezell told the court Monday that he was called to the rental property after midnight in response to reports of a shooting that occurred during a party and cookout at the residence.

Ezell said that Virghes was lying dead near the entry of the garage with two gunshots to the chest. An autopsy report determined that a head wound Virghes had was later determined, through an autopsy, to have been caused by his fall to the garage floor. The cause of death was reported to be “homicide by gunshot wounds to the chest,” Ezell said.

Witnesses told police that Virghes and Caldwell’s brother, both of whom had been drinking alcohol, had been arguing when Caldwell intervened.

One witness told Ezell that Virghes pulled up his shirt to show that he had a gun in his waistband. At that point, the witness told police, she heard a round “get racked” into a gun and saw Caldwell shoot twice from his gun.

Another witness told police that there had been a previous altercation between Caldwell and Virghes in December, during which Caldwell allegedly shot Virghes in one of his hands.

Ezell said that Caldwell was not at the Shellfield Road residence when police arrived but that he did come to the EPD to be interviewed later.

Caldwell told police that Virghes had been “staring at him kind of funny,” prior to the shooting and had pulled up his shirt to show Caldwell his weapon.

Caldwell told police he shot Virghes twice after Virghes pulled his gun out, Ezell said. Caldwell told police that the person who had driven him to the party then drove him from the party. Ezell told the court that Caldwell declined to tell police where he went after the Shellfield Road party but that data analysis of Caldwell’s cellphone showed his location to be “within yards” of the Daleville Avenue Lounge.

Caldwell told police he threw the gun into the river near Elba, Ezell said, adding despite the efforts of law enforcement dive teams, the gun has not been recovered.

Caldwell’s attorney, Joe Cassady Jr., told Ezell that Virghes had a prior felony conviction and suggested that his client had pulled his weapon out of caution and self-defense during the altercation. “My question is pretty simple,” Cassady told Ezell. “If you knew that someone had been convicted wouldn’t you pull out your weapon?”

Ezell did not answer Cassady’s rhetorical question but told Cassady that although the police investigation continues, “I am satisfied that it was Ted Caldwell who committed the murder.”