SKOWHEGAN — A St. Albans man accused of killing his uncle after an afternoon of drinking last month pleaded not guilty to a murder charge Wednesday in Somerset County Superior Court.
Jeremy Erving, 24, allegedly shot his uncle, Randy Erving, in the head; and police said that after he was arrested early the next morning for operating under the influence, he told others, including police, that he had done it.
Erving has been held without bail at the Somerset County Jail since his arrest and was scheduled to participate Friday in a Harnish hearing, at which the state argues that someone charged with a capital offense should not be allowed bail. That hearing was canceled after Erving waived his right to it for now, since the defense does not have enough information in the case to argue whether bail should be set, his attorney, Phillip Mohlar, said Wednesday.
Assistant Attorney General John Alsop confirmed Wednesday the hearing had been canceled, but both he and Mohlar said it is possible the hearing will be held once Mohlar has reviewed more information.
Erving will continue to be held without bail in the meantime.
Police said Erving told his girlfriend and her father that he had shot his uncle, Randy Erving, when they bailed him out of jail April 8 after the OUI arrest. The pair took him to the Somerset County Sheriff’s Office, where he also told police that he had shot Randy Erving, according to court records, and he was charged with murder.
Mohlar would not comment Wednesday when asked whether Erving still is saying that he shot his uncle.
“He’s doing OK,” Mohlar said. “He’s a young guy and it’s difficult to be locked up. It’s a lot to have to deal with, but he’s doing OK.”
Police found discovered the body of 53-year-old Randy Erving at his home on McNally Road, where Jeremy Erving said the two had been drinking earlier in the day on April 7.
Police in Dexter pulled Jeremy Erving over while he was driving his uncle’s truck around 1 a.m. April 8 and arrested him on a charge of operating under the influence.
Police said that they found a loaded .30-30 rifle in the truck that Erving later said he had stolen from the home of another relative, as well as Randy Erving’s dog. Erving later told police he never would be allowed to drive Randy Erving’s truck, according to the affidavit.
He told police they’d been drinking all day before the shooting, and he didn’t remember much except for “a bang and a barrel” before he was arrested on the OUI charge, according to the affidavit.
After he was released on bail from the Penobscot County Jail, Erving told his girlfriend and her father that he had shot his uncle in the back of the head, but he didn’t know why he had done it, according to a police affidavit.
At the Somerset County Sheriff’s Office, he also told police that he had shot his uncle but he didn’t remember much from that day.
Rachel Ohm — 612-2368
Twitter: @rachel_ohm
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