Murderer in case with missing body denied new trial

Malcolm Hunter, convicted of the murder of Ayanna Nneka Smith, requested a new trial on Wednesday, Sept. 12.

Joshua Pipkin, who represents Hunter along with attorney David White, told Circuit Judge Jeff Kelley that evidence presented during the trial had no foundation and was prejudicial.

Hunter was charged with murder on Feb. 2, 2017, following the disappearance of Enterprise woman Ayanna Nneka Smith. Her body has not been found to this day.

A trial was held for Hunter from May 9-16. He was found guilty by a 14-member jury of seven men and seven women. The jury found Hunter guilty of murder after about 45 minutes of deliberation.

During the hearing for a new trial on Sept. 12, Pipkin said such evidence as a gun and casings were presented to the jury with no foundation, and the first witness during the trial, the victim's mother, made statements about Hunter's previous incarceration. He said these statements were prejudicial as they "painted him in a light that was unfavorable."

Kelley asked Pipkin if the court asked the jury to disregard the statements during the trial, and Pipkin replied that he believed the court did make that request of the jury.

Pipkin also referenced a gunshot that was presented to the jury as evidence during the trial, stating there was no evidence that the victim died as a result of a gunshot, that a shot happened and that Hunter was the person who shot a gun.

White told Kelley that new evidence that an individual, who he believed was named Avery Metcalf, spoke to Hunter and confessed to committing the crime. White said this occurred while Hunter was incarcerated, and the new evidence should be fully investigated.

Assistant District Attorney Mary Katherine Head repeated that the court did instruct the jury to disregard certain statements made by the victim's mother during trial, and though the defendant has issue with some points of evidence presented during trial, these items were not the only pieces of evidence presented to the jury.

She said there was "overwhelming circumstantial evidence" presented that pointed to Hunter killing Smith, including circumstantial evidence of a shot being heard by a witness presented during the trial.

She also said the district attorney's office was aware of the new evidence mentioned by White, and there is a recorded conversation with an individual named Avery McNaff, who they believe to be the same individual referenced by White. The conversation, according to Head, includes this individual denying a confession to the crime.

Assistant District Attorney Jon Fulmer also stated that the defendant had no evidence to support the conversation had occurred.

Kelley ultimately denied the motion for a new trial on Sept. 13.