STANTON, Mich. (WOOD) — A judge has ruled that a confession by a man charged with the murder of an 80-year-old man was obtained illegally and can’t be used against him.
Alan Morse, 48, admitted to Michigan State Police that he used a rifle to shoot and kill Alan “Dale” Nelson in the victim’s home in Sidney Township, west of Stanton, on March 30.
Morse told police he had stolen the .22-caliber rifle from one of the four homes he broke into near Nevins Lake on the same night of the murder, according to an affidavit released to 24 Hour News 8.
State police say they found the rifle while searching the area around the homes.
Morse was arraigned in July on felony murder, three counts of home invasion and firearms charges.
Montcalm County prosecutor Andrea Krause told 24 Hour News 8 her office is considering its options, including possibly appealing the court’s decision. Krause says they aren’t considering dropping the felony murder charge or trying to strike a plea deal less than homicide.
A preliminary hearing date for Morse has not yet been set.