Suspect will get mental evaluation

Man charged with shooting deputy during May burglary

A Johnson County Circuit Court judge has ordered that a man accused of killing a reserve sheriff’s deputy undergo a mental evaluation as part of his defense of mental disease or defect.

Judge William Pearson signed orders Friday for Fred Kauffeld to be examined for his fitness to proceed to trial and whether he is criminally responsible for the May 15 shooting death of Johnson County Reserve Deputy Sonny Smith, 42.

The judge’s orders were filed with the circuit clerk’s office in Clarksville on Monday.

Kauffeld, 51, is charged with two counts of capital murder — one in which he was accused of killing Smith while Smith was acting in the line of duty, the other during the commission of a burglary — as well as two counts of attempted capital murder and one of residential burglary.

Capital murder is punishable by life in prison or death. The case file in the Internet Court Connect records website did not contain a statement whether Prosecuting Attorney David Gibbons will seek the death penalty against Kauffeld.

Kauffeld is being held without bail in the Washington County jail, according to court records.

The motion for the examinations filed Wednesday by Kauffeld’s attorney, Bill James of Little Rock, asked also that Kauffeld be tested for mental retardation.

“That defense counsel has reason to believe that due to mental disease or defect, Mr. Kauffeld may not fully understand the proceedings against him, and may not have been able to fully appreciate the criminality of the conduct for which he is accused, and his ability to assist in his defense may be in question,” James wrote in his motion.

Gibbons said Monday that the state did not have a basis on which to oppose the defense motion and that Kauffeld was entitled to a mental evaluation.

In separate orders for the examinations on fitness to proceed and criminal responsibility, Pearson wrote that the director of the Division of Behavioral Health Services of the Department of Human Services would determine who will conduct the examinations.

The examiner is to provide, among other things, a report that describes Kauffeld’s symptoms if mental disease or defect is present, whether Kauffeld at the time of the shooting had the capacity to realize the criminality of his conduct but act lawfully, and whether he was able to form a “culpable mental state” to commit murder.

The examiner will not render an opinion on criminal responsibility if he finds that Kauffeld is not fit to proceed, Pearson wrote.

According to testimony in a probable cause hearing last spring, Smith, a reserve deputy with the sheriff’s office for 11 years, was one of two deputies called to County Road 1723 in eastern Johnson County about 1 a.m. May 15 on a report of forced entry to a home and items taken.

A dog team also was sent to the scene, and when the dog picked up a scent, Smith went along with the team.

The team came to a fence and, as the officers crossed it, a heat-detecting device registered an indistinct heat reading. The equipment couldn’t pick up a clear reading because Kauffeld was hiding behind a rock, testimony showed.

About 200 yards from where the break-in occurred, Smith heard something approaching in the dark. He yelled for whoever was there to put up his hands.

Kauffeld began shooting and fired until his gun was empty, according to testimony.

After emptying the gun, Kauffeld surrendered. A plastic box of coins found near Kauffeld was identified as coming from the burglarized home.