McDonough County State's Attorney Matt Kwacala has dismissed first-degree murder charges against Sean Hayes Tuesday afternoon, releasing him from behind bars.
In a press release sent to media Tuesday evening, Kwacala said new evidence had been discovered that afternoon that possibly exonerates Hayes, 37, in the July 25 weekend murder of 21-year-old Bryson Saddoris. Morgan Bearce, 24, remains charged.
Prosecutors previously alleged Hayes shot Saddoris with a shotgun in Bearce's home and helped clean up the scene. On Hayes' phone, Macomb police found a photo of Saddoris' dead body he'd been showing off to others.
Kwacala made the decision to allow Hayes to walk out of McDonough County Jail on Tuesday afternoon.
"This was due to the fact that as more evidence and information has come in regarding Mr. Saddoris’ murder, my office has determined that the charges filed against Sean Hayes cannot be proven beyond a reasonable doubt, and so we have a legal and ethical obligation to dismiss the charges and release Mr. Hayes at this time," Kwacala said in the release.
He did not say what evidence was discovered.
Hayes has a long criminal record with 13 felony convictions, some for violent crimes.
"Cases of this nature are complex," Macomb Police Chief Jeff Hamer told Community News on Tuesday night. "Evidence comes in at different times and with varying weights. It's the justice system's role to put together the evidence and seek justice for those accused, as well as the victim. The officers of the Macomb Police Department remain dedicated to the pursuit of justice."
On Monday, Bearce pleaded not guilty during a preliminary hearing.
Bearce has contended that he was in another room of the home on North Randolph Street, Macomb, when he heard a gunshot in his kitchen. He told police he found Hayes in the kitchen standing over Saddoris, holding a shotgun. He then allegedly handed Bearce a revolver and instructed him to put the victim out of his misery. Bearce admitted to emptying the revolver on the victim.
During the preliminary hearing, Macomb Police Det. Jordan Hawes testified that the investigation – to that point – had supported Bearce's version of events. He also testified that the single wound from the shotgun the victim suffered would have ultimately been fatal.
Assistant State's Attorney Susan Maxwell told the court investigators only had a "ballpark" time of the killing, likely sometime early Friday morning. She said both men had been up for days on methamphetamine, making it difficult to recall events over those days.
The crime was discovered Sunday evening when police descended on the home as Bearce loaded a car with drugs and guns. He initially told him that it was "Sean's mess" in the laundry room.
Hayes claimed no involvement in the killing. As police approached him the night of his arrest, authorities say he threw up his hands and exclaimed, "I didn't do s---!"
He said he took the photo of the body while visiting the home. During his initial appearance, he yelled that he had an alibi as the hearing concluded. Authorities have also noted the appearance of blood spatter on Hayes' clothing after his arrest.
Kwacala and attorneys for Bearce had not responded to requests for further comment from Community News as of this publication.
Social media reaction after the announcement was largely angry and confused. One individual identifying themself as family of the victim voiced concern over the report that Hayes had what appeared to be blood on him when arrested.
"I'd love to know what evidence they found without telling anybody else what they found," they wrote. "They better be right on his innocence or they are letting a murderer walk."
Bearce Defense Staggered
Kwacala's clearing of Hayes in the murder of Saddoris is a devastating blow to Bearce's defense case.
During a preliminary hearing on Monday, Bearce's attorneys Mark Wykoff and Dan Fultz telegraphed that they would argue their client was coerced into shooting the victim after he was already fatally wounded – possibly intimidated by a man wielding a shotgun.
Through questioning of Det. Hawes, Wykoff established that authorities believed Bearce was cooperative and reasonably honest after his arrest. Also, the shot that Bearce told police Hayes fired would have been fatal.
Det. Hawes testified that he watched from an alleyway behind Bearce's home as the suspect loaded the murder weapons and suspected drugs into a white Chrysler 300, while burning apparent evidence in a burn pit. At some point police had Bearce's father go to the home to check on his son. When his father asked him about checking out the basement, Bearce apparently responded, "I wouldn't do that if I were you."
Police descended on Bearce with the use of a flashbang grenade. Hawes said Bearce quickly confirmed the victim was in the laundry room and beyond help. He immediately implicated Hayes and told police he'd burn the house down rather than go back to prison. Everything was recorded on body-worn police cameras.
Hayes told police that when he was at the home, he noticed a foul smell and a red substance splattered in the kitchen. He told authorities that Bearce told him it was spaghetti sauce. He said he took the photo of the victim's body when Bearce wasn't looking.
Bearce has previous drug-related convictions in McLean County.
The next court date is set for November. Bearce's attorneys requested a far-out date as they await the testing of biologics.
This story will be updated as more information becomes available.
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