Hunter bound to grand jury, Smith still missing

An Enterprise man charged with the murder of a woman whose body has not yet been found was bound over to the grand jury after nearly four hours of testimony before District Judge Chris Kaminski in Enterprise Monday, April17.

Malcolm Theotis Hunter, 29, remains in the Coffee County Jail on $100,000 bond where he has been since his arrest Jan. 26 in connection with the disappearance of Ayanna Smith.

Smith was last seen by family members Jan. 21 and was reported missing on Jan. 23 by her mother.

Hunter, who had been held in Coffee County Jail since Jan. 26 on two charges of failing to register as an ex-felon was charged with Smith’s murder Feb. 2. Bond was denied for both of the misdemeanor failure to register charges by Municipal Judge Paul Sherling.

"Absolutely no evidence was presented that would indicate Ms. Smith is even dead,” Hunter’s attorney Josh Pipkin said following the hours of testimony of two Enterprise Police Officers Monday. “It's certainly unfortunate for all those involved but we remain hopeful that she is safe and returns home soon.

“My client, Mr. Hunter, maintains his innocence,” Pipkin said. “He looks forward to the opportunity to have his day in court."

Hunter’s case will now be presented to a Coffee County Grand Jury, Kaminski ruled following the testimony of EPD officers Evan Sweeney and Mark Anderson.

Sweeney told the court that law authorities have surveillance videos of Hunter and Smith driving in Smith’s mother’s car, up to a local gas station Jan. 21 and a surveillance video later that evening of only Hunter in Smith’s mother’s car at a financial institution’s automated teller machine.

Sweeney said that Smith’s mother had reported to police that Hunter was using her vehicle without permission and that her daughter’s cellphone and wallet were found in the car when it was eventually returned to her by law authorities.

What Sweeney described as “a large concentration of blood” was found on the passenger side of Smith’s car after police used a specialized light designed to spotlight the presence of blood. Blood samples retrieved have been send to the state forensic department, Sweeney said.

Sweeney said that an anonymous tip led to the recovery of a small silver handgun in a vacant lot on West Adams Street and Warren Road. The gun, registered to Smith, was found wrapped in a plastic bag near a tree, Sweeney said.

When police went to question Hunter about Smith’s disappearance, Hunter was found hiding naked under a bed at an apartment on Damacus Road rented by Crystal Narbon. A two-year-old child was sitting on the bed that Hunter was hiding under, Sweeney said.

Sweeney said that the witness who told them where to find Hunter also told them that Narbon said she disposed of Hunter’s bloody clothing, to include a pair of red shoes, because she “wasn’t going to go to jail for Malcolm.”

Narbon, who Sweeney described as “in a relationship” with Hunter, has been arrested and charged with rendering criminal assistance to Hunter “by intentionally hindering the apprehension, prosecution, conviction or punishment of another for conduct constituting a murder …by disposing of evidence that was located inside her residence.”

Sweeney said that initially Hunter said he did not know what had happened to Smith but upon being questioned by police a third time, Hunter said that his aunt shot Smith in the chest after the two women argued on the night of Jan. 21 at the aunt’s apartment.

The aunt put Smith in Smith’s mother’s car and drove away with her, Sweeney said, relaying what Hunter had told him upon questioning.

Hunter said he did not question the aunt when she returned alone about Smith’s whereabouts, Sweeney testified. Hunter said he did not question the aunt because as a convicted felon he was trying to keep a low profile, Sweeney said.

Sweeney testified that police have followed every lead and tip since Smith’s disappearance in an effort to find her body. “The streets are talking,” he told the court.

As part of the investigation, a friend of Hunter’s who was found digging a deep hole in the ground was questioned. The hole, the man told police was for a pig roast that was being planned.

Anderson told the court that he interviewed Hunter Jan. 26. He said that Hunter told him that Smith had “just walked away” from the aunt’s apartment after the two women argued. Hunter told Anderson that Smith had been shot in the chest by the aunt after the argument but “she was wearing it like a champ.”

Anderson told the court that there was no evidence inside the aunt’s apartment that a shooting had occurred there.

Pipkin asked Sweeney why Hunter was jailed without bond for the misdemeanor offenses of not carrying city and state felony identification cards. “The judge signed off on it,” Sweeney replied. “I don't have to have a body in the state of Alabama in order to have a murder (charge).”