David Alan Stewart (Bates County Sheriff’s Office).
A Missouri man is now behind bars after law enforcement shifted their view of another man’s death from suicide to homicide.
David Alan Stewart, 40, stands accused of one count each of murder in the first degree and armed criminal action over the death of Jerry McLay, 48, according to Bates County authorities. In a separate county, he is facing three counts of receiving stolen property.
On Nov. 14, 2024, Bates County Sheriff’s Office deputies responded to a call and found McLay dead at a residence in Rich Hill — a tiny former coal town located roughly 75 miles due south of Kansas City.
The deceased man was found on a couch inside, suffering from a gunshot wound to the head, according to an affidavit of probable cause obtained by Springfield-based CBS affiliate KOLR. The death was initially ruled a suicide but suspicious. Neither weapon nor shell casing were recovered from the scene of the crime, authorities say.
Later, detectives discovered a security camera in an upstairs window facing out onto the front of the residence. In footage, McLay is seen leaving in a red truck at around 12:20 p.m. on Nov. 13, 2024. Minutes later, the red truck returns, followed by a gold SUV.
At 12:32 p.m., the SUV leaves. Then, 20 minutes, the SUV returns. Authorities allege one window of the SUV is rolled down — and that a man resembling Stewart is seen driving, according to the affidavit.
At 12:55 p.m., a sound like a gunshot can be heard on the footage, according to law enforcement. The SUV leaves for the final time at 12:57 p.m., detectives allege. The footage shows little more of interest — just a mail carrier dropping off a package the next morning.
Investigators say text messages firm up the notion that the defendant was in the house with the victim on the day of the shooting.
“My apology man I’ll be right back,” Stewart allegedly texted McLay. “Apparently I forgot the money at home.”
The victim allegedly replied: “Ok.”
A few months passed. In the interim, Stewart allegedly pawned several guns that were reported stolen in Nevada. Some of those guns, investigators allege, were connected to a residence in Bates County. One gun was allegedly stolen from Tempe, Arizona.
On Jan. 13, authorities executed a search warrant at Stewart’s residence in connection with the firearms case.
On Jan. 15, he was arrested and interviewed. Deputies say the defendant admittedly traveled to Stewart’s house on the day of the fatal shooting to purchase drugs. The murder charge ensued.
“This is the reason why we investigate all deaths like they are homicides until we can prove different,” Bates County Sheriff Chad Anderson said in comments to Kansas City-based CBS affiliate KCTV. “This case has been very labor-intensive over the last two months. I am proud of the determination and dedication of all my staff and all those agencies who worked on this case as a team. Our sympathy goes out to the family of Jerry McLay. We are far from Justice being served until this case is adjudicated through the court system. We are still following up on leads.”
The defendant is being detained at the Vernon County Jail on $1 million bond.
