Battle over who fired deadly shot that killed Caleb Witty in 2011 plays out in court

DECATUR, Ill. (WAND) — A battle over who fired the fatal shot that killed Caleb Witty during the 2011 Decatur Celebration played out in a Macon County courtroom.

Michael Wallace and Bobby Gipson are accused in the 2011 robbery and murder of Witty. The pair were arrested in June 2024.

Recently, Wallace's attorney filed a legal motion asking Macon County Judge Thomas Griffith to "enforce plea agreement," which they believe was offered by Macon County State's Attorney Diane Couri in early 2026.

During Tuesday's hearing, Susan Moorehead, who is representing Wallace, said that in February 2026 she had received an email from Couri she believed to be a plea agreement. That email included the terms "will likely" and "after he (Wallace) testifies truthfully." Moorehead said during that email exchange she believed they had agreed that Wallace would get a plea agreement based on his testimony against Gipson during the upcoming trial.

The possible deal would include 26 years for pleading guilty to armed robbery, and the murder charge would be dropped. In return, Wallace would testify against Gipson.

Kevin Sanborn, representing the state, said the plea agreements never progressed beyond preliminary discussions and that the state's attorney's office didn't believe Wallace's statements about the 2011 crime were true. He added that Wallace's accounts of the crime didn't match the description of the witness nor Gipson's.

Attorneys for both the defense and the state alluded to Gipson likely having a plea deal with the state's attorney and will testify against Wallace. Gipson's deal would include a sentence of eight years in prison and day-for-day credit for a lesser crime.

Judge Thomas Griffith denied the defense's motion to enforce a plea agreement, stating in his opinion there was no firm plea agreement made in the case.

The state's case against Wallace is set for trial in October, with a routine hearing to be held in September. The defense noted that some witnesses for the state are located out of state.

As for Gipson, a routine hearing is set in November.

Both men have pleaded not guilty.