Prosecutors say 40-caliber gun used in 2015 murder of Marshall Co. couple

Updated: Jul. 17, 2017 at 6:26 PM CDT
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MARSHALL COUNTY, AL (WAFF) - A 40-caliber weapon. That's what prosecutors revealed was the murder weapon used in a 2015 Marshall County home invasion. A husband and wife were killed.

READ MORE: Decatur man charged with murder of Marshall Co. couple

Prosecutors were asking a judge to release some guns and other items back to the victim's family, but the defense said no.

Jeffrey McKelvey was back in court on Monday. He's charged with the 2015 murders of Denie and Pam Tucker at their Asbury home.

At the request of the victim's family, prosecutors were asking a judge to release items taken from the crime scene by sheriff's investigators. Prosecutors said a 40-caliber weapon was used in the murder and felt that the items requested had no relevancy on the case.

Defense attorneys objected. They claim that if it was important to take it, then it could have some relevancy to the defense.

Attorney Jake Watson asked the judge to allow them the opportunity for their investigator to look over the items to see if they could be of help to their client's defense.

The judge gr anted their request until McKelvey's next court date. McKelvey is due back in court in December.

READ MORE: Investigators: Fingerprint, video evidence point to double murder suspect

READ MORE: Man gets plea deal in capital murder of Marshall County couple

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