One of the two men accused of the shooting death of a Davisville store owner last week just south of Atmore is still in jail in Brewton and is refusing to sign a waiver of extradition that would send him to the Pensacola, Fla. Jail. Now, officials say they must wait for a governor’s warrant from Florida in order to force the move.

Malcolm Troy McGhee was arrested in Alabama Wednesday, Nov. 7, less than 24 hours after the death of 56-year-old Thomas Gerald Kroll occurred in Florida at the O’Yes Lotto store. A second suspect, Brent Dewayne Lambeth was also arrested later the same day in Century, Fla.

While Lambeth was transported to the Pensacola Jail, McGhee was taken to the Escambia County (Ala.) Detention Center in Brewton, but has continued to refuse to sign the extradition papers since that time.

Escambia County Circuit Clerk Ken Taylor said, while McGhee has the right to refuse to sign the papers, he is only delaying the inevitable.

“He’s going (to Florida),” Taylor said. “Sometimes people want to create as much turmoil as they can, not knowing it isn’t going to help them.”

Taylor said in cases like McGhee’s, Escambia County (Ala.) officials will be forced to wait on the warrant to arrive from Florida Gov. Rick Scott’s office.

“If they refuse sign extradition papers there does have to be a governor’s warrant from the state needing the suspect,” Taylor said. “Then there may or may not be a hearing here in Escambia County (Ala.). If (McGhee) were to waive extradition, he would avoid all that, but if not, the DA has to apply to get a governor’s warrant and it is filed and sent to the state and it’s processed that way.”

Unless McGhee reconsiders signing the waiver, he will remain incarcerated in Brewton until the governor’s warrant arrives.