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Prosecutor files addition charges on Dillard

FARMINGTON – St. Francois County Prosecuting Attorney Wendy Wexler Horn has filed additional charges against a Washington County man who was charged in the murder of Lloyd Agers. Horn charged Ross E. Dillard, 20, Potosi, with tampering with physical evidence and two counts of making a false report. Tampering with physical evidence is a Class D felony while making a false report is a Class B misdemeanor.

According to the felony complaint, Dillard made a videotaped statement to Sgt. Dave Bauer of the Missouri Highway Patrol which he knew to be false with the purpose to mislead Bauer.

Bauer’s probable cause statement said during his investigation several witnesses indicated Nolan Dunn may also possibly be involved in Agers’ death and that he had made past threats to Agers.

“Nolan Dunn was interviewed and denied any involvement, but indicated his belief that Ross Dillard may have been involved,” Bauer said. “Dillard made a written and a video taped statement … saying he and his girlfriend had been fighting and dropped him (Dillard) off by the Spring Town store. At that time Dillard walked to a Citgo store in Potosi.”

Bauer said Dillard then called Kim Clark to pick him up.

Dillard then said according to Bauer that Clark and Dunn arrived in a burgundy van to give him a ride home. When they arrived it was approximately 1 a.m. on March 21. Dillard then said that Clark and Nolan told him they were going to Agers’ home first. Dillard said they had a plastic can of gasoline, according to Bauer.

Dillard then said Clark drove into Agers’ driveway and went to the big garage behind the residence and stole two toolboxes.

“At which time the three returned to Agers’ home,” Bauer said. “Dillard stated he waited in the van and Clark and Dunn entered Agers’ home. Clark and Dunn were inside the residence for 20 minutes. Dillard stated he heard glass breaking and a lot of thumping around upstairs. Dillard then said he heard three swift gunshots, and saw Dunn and Clark exiting the house with a five-gallon bucket with a marijuana plant in it and four quarter bags of marijuana.”

Dillard said Clark and Dunn gave him $45.

Dillard said when Dunn and Clark left the van and entered the home, they took the gas can with them, but when they returned they did not have the can, according to Bauer. Dillard then said Clark left the residence quickly, backing into a rock garden.

Dillard was one of three men who were initially charged with murder in the first degree on March 25 in conjunction with the death of Agers. In addition to murder in the first degree, the three men were also charged with armed criminal action, arson and robbery.

Charges were dropped against two of the men on April 1 while charges were still filed against Dillard.

“Charges were dropped against Nolan Dunn and Kim Clark due to information that has been obtained during the ongoing investigation,” Washington County Sheriff Kevin Schroeder said. “Information that we have obtained has disproved a lot of the initial information that implicated Dunn and Clark with the murder of Lloyd Agers.”

In addition to Dillard, Thomas Patrick Mackley, 24, Potosi, was arrested and charged with the death of Agers on April 1. Mackley was charged with murder in the first degree, armed criminal action, arson and robbery.

According to the probable cause statement, Mackley using a borrowed .22 caliber rifle, drove to Agers’ home the night of March 20 from Cuba. Mackley took the rifle with him to the door and asked Agers to pawn the weapon for him.

“Tommy, I don’t have any money to pawn this gun for you,” Agers said.

The person in the car then allegedly heard two shots.

Mackley returned to the car, pointed the gun at the acquaintance’s head and said, “If I can’t trust you let me know now or I will kill you.”

Mackley then allegedly took a gasoline can from the garage and poured the fuel inside Agers’ home. The acquaintance told police that Mackley went through Agers’ wallet, then disappeared inside. Soon, the acquaintance saw a glow indicating a fire inside the home. Mackley then came back in view with the long gun in his right hand and shot the victim in the head.

According to authorities, Agers is believed to have been murdered at his home located in the 11,000 block of Route CC near the Washington County and Jefferson County line early on the morning of March 21.

Just before 4 a.m. on March 21 firefighters were called to the home located in the 11,000 block of Route CC near the Washington County and Jefferson County line which was fully engulfed in flames.

The fire was initially believed to be accidental, but during an autopsy conducted on Agers at Mineral Area Regional Medical Center, it was discovered Agers had been shot. The investigation at that point turned into a homicide case.

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