Accused murderer back in jail after 5 monthsPosted: Updated:
PHOENIX -- A man was re-arrested five months after he was initially taken into custody for murder.
James Dover, 21 is accused of killing Gregory Luecke, 28, back in March of this year after the two men started fighting in the home of Tonya Totten near 15th Avenue and Peoria.
Police paperwork says Totten asked Luecke to move out of her home, accusing him of cheating on her. Luecke then accused the woman of cheating on him with Dover.
She later told police she heard "three to five gunshots. Greg fell to the ground and James fled from the residence."
Two days later, Totten called police from a Motel 6 saying Dover wanted to turn himself in. He was arrested.
"We didn't have the necessary evidence in order to charge that second degree murder. There was additional questions and necessary investigation that needed to be done," said County Attorney Bill Montgomery.
So Dover, a transient, was released.
"Anytime they're not able to charge an individual as they would like, that can be a source of frustration," said Sgt. Tommy Thompson.
But that's a reality of the justice system.
"While there is a risk, there is also greater duty to make sure that we have the evidence necessary," said Bill Montgomery.
A grand jury was eventually able to indict Dover, this time on a charge of 1st degree murder, which police said was due to a report from the Medical Examiner's office.
Dover was tracked down not even a mile from the original crime scene.
According to reports, and the suspect's mugshot, Dover's appearance changed. His hair went from brown to blond.
He was also armed with a .40 caliber pistol, the same caliber gun that was used in the murder but never recovered.
Dover is being held on a $1 million bond.