After three days of hearings in circuit court here to determine whether the state can proceed with the prosecution of a Texarkana man for the murder of his stepfather in Saratoga last year, Eighth Judicial District-North Circuit Judge Randy Wright rejected defense arguments of improper arrest and will allow the case to proceed to trial March 25.
Eighth Judicial District-North Public Defender Danny Rodgers has filed a motion in circuit court to prohibit admission of statements made by Don Airsman, Jr., 30, of Texarkana, and to void Airsman's arrest in Dunklin County, Mo,
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Airsman was extradited from Dunklin County, Mo., in May, 2012, from his hometown of Hornersville, Mo., where he had allegedly fled to the home of his biological father after what authorities allege was the murder of his stepfather, William Allen Jones, 60, of Saratoga, in April, 2012.
The charges against Airsman stem, in part, from evidence given by a material witness, who has remained unnamed. The witness has given evidence which alleges that Airsman shot Jones at the elderly man's home in Saratoga, then put his body into the trunk of Jones' Honda, and drove it to Bowie County, Texas, where Airsman allegedly covered the vehicle with gasoline and set it ablaze.
Rodgers sought to have Airman's arrest voided because he contends statements made by Airsman at the time were not obtained lawfully.
The sheriff of Dunklin County, Mo., his chief deputy, three other law enforcement officers and another witness were called to testify in hearings which began here Feb. 28, and were recessed until Wednesday.
Rodgers argued that Airsman immediately invoked his right to an attorney upon his arrest, and has cited two precedents in Arkansas law,
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that�s one of the top questions we had. And back then, Cook v. State (1981) and Duncan v. State (1987) to support his point,
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But, arguments filed by Eighth Judicial District-North Prosecuting Attorney Christi McQueen's office specifically dispute the relevance of Rodgers' argument to the precedents used to support them; and, Wright agreed in denying Rodgers' attempt to have Airsman's statements thrown out.
None of the allegations made in the motion square with facts which the State anticipates will be adduced at a hearing on this matter or at trial..., McQueen argued.
The state's arguments also noted that Airsman was arrested some 350 miles from the site of the crime scene, having fled voluntarily.
Among the evidence the State anticipates presenting in response to defendant's motion to suppress, this is perhaps paramount, and colors the lens through which the Court ought to view the entirety of the motion,
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The state's arguments in the hearing relied upon the point that Airsman's precedents in his defense did not apply, since he was detained in Missouri, pending extradition, and not from a purposeful delay at the direction of authorities in an Arkansas jurisdiction.
Worth adding is that Duncan was arrested at his residence, in the county where the offense occurred, McQueen argued,
coach outlet store online. A case more distinguishable from the facts before the Court, wherein a fleeing defendant destroyed evidence in one state and fled to another, would be difficult to find,
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McQueen also argued that Airsman's reliance upon the Cook precedent ignored the Supreme Court's express application of its findings in that case to the precise set of facts before us and noted the differences in that Cook was held 30 days after arrest without benefit of a first judicial appearance,
christian louboutin, that there was no proof of any delay for the sake of obtaining a confession,
04/04/2013 01, the frequency of interrogation involved, whether Airsman was held incommunicado, and the passage of time,
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Jury selection is to begin March 25.
