Jury selection begins this afternoon in the trial Richard Demello, who was charged in the March 28, 2010 murder of Michael Wayne Davis.
Judge Alma Hinton will preside over the proceedings, which are scheduled to begin at 1 p.m. at the Halifax County Courthouse.
A bond hearing last year gave a glimpse into what Demello’s attorney, Steven B. DeCillis of Henderson, is likely to argue should the case go to trial.
DeCillis claims there is no physical evidence to tie Demello to the case and that the state's only witness, Mary Moore, is a person, who investigators say was also a victim in the case, with a history of mental problems and drug abuse.
He said Demello and Davis met each other while in prison and Davis offered him a place to stay when he got out. Demello watched and worked on Davis' house while Davis worked as a welder in Maryland, DeCillis said.
Lieutenant Bobby Martin of the Halifax County Sheriff's Office told the court the state's witness called 911 to report she had been tied up by a person she described as Demello and woke up to find him on top of her with a knife. She also heard sounds that sounded like punching in another room.
Demello allegedly stole Davis' car following the murder and the sheriff's office not only put a be on the lookout notice for the vehicle, but Demello himself since there were only three people at the house.
Demello and the vehicle were discovered at a truck stop in Virginia and authorities there took him into custody, Martin said.
Investigators learned, however, Demello was going to find a job out of state doing farm work and sent advance messages to that area to watch for him.
Calling the knife that Demello allegedly threatened the witness with the murder weapon, DeCillis said Demello's DNA was not found on that weapon.
Martin said the knife was not the murder weapon but there were DNA matches on the shoestrings Demello allegedly used to tie the victim.
Demello faces charges of first-degree murder, first-degree kidnapping, assault with a deadly weapon and larceny of a motor vehicle.
In 2010 the Halifax County District Attorney’s Office announced, without elaboration, it would not seek the death penalty in the case.
Moore said she woke abruptly between 5 a.m. and 6 a.m. to find a man on top of her, who dragged her into another room in the house.
Demello allegedly already fastened bootlaces to the bedpost and used them to tie the woman up.
When she asked the man where her friend Mike was, he replied, "He's not with us anymore," according to authorities.
She told police that the man seemed distressed. He told her that he would send someone to get her, and then took off.
The woman managed to untie the laces and get to a friend's house in a nearby neighborhood, where she phoned police.
When investigators arrived at the home on Mobley Street where the woman said she'd been assaulted, they found a brutal murder scene.
Davis’ body was wrapped in a sheet after he was struck several times with a blunt object, possibly a hatchet.
Davis died from repeated blunt force trauma to his upper torso.
Demello has a long list of past convictions, including breaking and entering, aggravated rape, assault and battery, kidnapping and larceny.