Wednesday a Howard county judge bound over Zachary Jefferson for a July 2 arraignment.
Zach Jefferson is accused in the shooting death of Jon Spurling near the Boone and Howard County line on August 15, 2011. A day after the crime, Jon Spurling's father found him dead in his house.
The prosecution claimed neighbors saw Jefferson's car in the neighborhood that day.
Sergeant Andrew Boggs interviewed Jon Spurling's neighbors after his death.
Some said they saw a blue or silver Pontiac driving on County Road 117 between 4:30 or 5:00 p.m. that day. The prosecution claimed that car belonged to Jefferson.
Public defender Robert Fleming said the wrong person is facing charges for the killing.
Police arrested Jefferson last month. He is the husband of Jon Spurling's ex-wife.
Howard County Sheriff's Department Captain Jeff Glandon took over as chief investigator of the case last year, but responded to the scene that August night as a patrol deputy.
Glandon told the court Spurling was lying face down in his living room with a significant amount of blood surrounding him.
When officers turned his body over, a shell casing was stuck to his chest, and there were bullet wounds in his side and head.
As Glandon recounted what Jefferson's friends and wife told him, the defense objected numerous times.
Jefferson himself shook his head when the state called him "jealous" that his wife was still in love with Jon Spurling.
Fleming called it hearsay, and asked why those people weren't in court to testify.
Fleming criticized the lack of evidence the state provided so far.
He said the believes Spurling was murdered that day, and that he couldn't have shot himself twice.
However, Fleming said the evidence doesn't pinpoint Jefferson as the killer beyond a reasonable doubt.
The judge announced in court he will review the information from Tuesday's hearing and doesn't know when he will make a decision about the case.