A Marion man was arrested this week after the grand jury indicted him on charges of capitol murder and burglary.

On Wednesday, April 19,

the Perry County Sheriff’s Department apprehended David Hancock, co-owner of Marion restaurant, Camellias on the Square.

But Hancock’s charges

didn’t stem from a recent incident.

In September 2005, Hancock and Uniontown resident Benny Yauger got into a verbal altercation at Yauger’s home

on Thomaston Road.

According to hearsay, officials have cause to believe the altercation initially began because of a supposed affair between Yauger and Hancock’s wife, Johanna.

“Upon investigation we noticed the two men were having a conversation about Mr. Hancock’s wife outside in the back yard,” Lieutenant Robert Sikes, who handled the case, said. “Mr. Yauger said he had no idea what Mr. Hancock was talking about and went into his home and locked the door.”

However, the altercation did not stop there when Sikes said Hancock kicked in Yauger’s door and proceeded to follow him out the front door of his own home.

“Mr. Yauger was walking around to the back of his house and that’s when Mr. Hancock shot him in the lower back,” Sikes said.

Hancock, 53,

was initially faced with an assault charge and burglary, since he forced his way into the victim’s home. But seven months later Hancock was forced to face the grand jury, after forensic reports say Yauger ‘s recent death was caused by injuries sustained in the September incident.

“They had just enough evidence to indict him for capital murder,” Sikes said.

Hancock

is currently being held at the Perry County Jail where he awaits his sentencing.