A Houston County judge delayed an evidentiary hearing Wednesday for a 25-year-old Dothan man facing a capital murder charge.
Circuit Court Judge Michael Conaway delayed a scheduled evidentiary hearing for Marcus Rivers.
The court delayed the hearing for an additional 90 days to allow the prosecution time to review a report of a completed psychological examination of Rivers by a defense expert. Rivers has already been examined by an expert from the prosecution.
The prosecution only received the completed report the day before the hearing.
Conaway said the evidentiary hearing had already been delayed once for the defense.
‘This will be the last continuance,” Conaway said. “I’m not very pleased with the progress.”
Rivers was one of the three men charged with capital murder in the shooting death of Patrick Dixon. Rivers faces a capital murder robbery charge.
Police charged Rivers with fatally shooting Dixon inside a vehicle during a robbery on April 29, 2006. The shooting happened near the intersection of Hamilton Street and Third Avenue in Dothan. He was also charged with attempted murder for the injuries suffered by Tyrance Byrd during the same shooting.
Dothan police also charged Michael James and Everett Morton each with capital murder and attempted murder.
James already pleaded guilty to a lesser murder charge along with the attempted murder charge. He received a 30-year prison term as part of the plea agreement. Morton was already convicted of capital murder, but that case has been reversed for a new trial.