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East Prairie man guilty plea set aside; new hearing given
NEW MADRID, Mo. — An East Prairie man’s guilty plea was set aside and he was given the opportunity for new hearing due to an illegal “ping” by a former law enforcement officer.
Brent Naile, 38, who was charged with second degree murder and armed criminal action for the July 5, 2014, stabbing death of Derell T. Davis, had initially entered a guilty plea to the charges. He was sentenced to 30 years in the Department of Corrections on Oct. 24, 2016.
Naile’s lawyer sought to set aside the guilty plea alleging that Deputy Cory Hutcheson used an illegal “ping” process to locate Naile and that the information was not made available to the court at his original sentencing in Mississippi County.
After a change of venue was granted to New Madrid County, Naile entered a new guilty plea to second degree murder and armed criminal action. He was sentenced to 24 years in the custody of the Department of Corrections on each count by 34th Judicial Circuit Judge William Edward Reeves on Jan. 14. Naile was given credit for time already served.
According to the probable cause statement sometime on or around July 5, 2014, Naile and Davis became involved in a knife fight.
Naile told police Davis took a “swipe at him and Naile then sliced Davis on the stomach and neck.” The pair returned to the car, where Davis eventually died. Naile then attempted to dispose of the body in the Drinkwater Ditch in Mississippi County.