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NILES — A Missouri man is in jail after allegedly shooting and killing a Niles man at the man’s home on the north side of Niles Sept. 30.

James Phillip Perry, 29, of St. Louis, Missouri, will be back in Berrien County Trial Court Wednesday for a pre-exam conference.

Perry faces four felony charges. A preliminary hearing in the case could be held next Tuesday, Oct. 17 if he does not waive a hearing at his court appearance Wednesday. He is currently in the Berrien County Jail in lieu of $2 million cash or surety bond.

        In addition to the open murder charge which carries a maximum penalty of life in prison, Perry is charged with possession of a firearm by a felony, a five year felony, and two counts of use of a firearm in the commission of a felony which are two year felonies consecutive to the other penalties.

        According to court records, Perry has seven prior convictions in Missouri. Those convictions include ones for first degree assault, unlawful use of a weapon, armed criminal action and fourth degree assault.

        The probable cause statement in the case states that police were dispatched to a residence in the 1600 block of North 12^th Street in Niles at 11:13 p.m. on Sept. 30. Two people came out when police ordered them to come out of the house with their hands up. Those people were Perry and Michael James White, 72, of Niles.

A third person, Luke James Botica, 28, of Niles, was then discovered shot inside the house. Botica was the homeowner and was found laying on the living room floor suffering from a single gunshot wound to the head. He later died at Corewell Hospital, Niles.

The probable cause statement indicated that White reported that Botica and Perry started arguing over “pills and money.” White said Botica got up and walked to the door to spit out some tobacco. Botica then shut the door and turned around to see Perry standing there pointing a gun at him, White told police.

White said Botica did not have a weapon in his hands and put his hands in the air just before Perry fired one shot which hit Botica in the head.

The probable cause statement indicated that Perry claimed that he only pulled his weapon because Botica was pointing a pistol at him. He said Botica put his gun down but then went into another room and got a shotgun which he pointed at Perry when Perry shot him.

The statement said that an autopsy indicated that Botica had been shot at close range of between 18 and 24 inches away. A search of the residence found three firearms including Perry’s.