Judge rules on evidence ahead of murder trial

BENTONVILLE — Prosecutors will be able to play some of Shawna Cash’s recorded phone calls from the Benton County jail at her upcoming murder trial.

Cash, 24, is charged with capital murder, escape, fleeing, two counts of aggravated assault, leaving the scene of a personal injury accident, criminal mischief, obstructing governmental operations and reckless driving.

She’s accused of killing Pea Ridge police officer Kevin Apple in 2021. Prosecutors are seeking the death penalty.

Benton County Circuit Judge Brad Karren spent Friday reviewing 23 of Cash’s recorded calls with different people to decide whether the calls can be used as evidence in Cash’s trial.

Jury selection is scheduled to begin Jan. 29.

The focus of Friday’s hearing concerned prosecutors seeking to present 23 of Cash’s phone calls from the Benton County jail. One call was 15 minutes long. Benton County Prosecuting Attorney Joshua Robinson said Cash admitted being present and driving the vehicle.

Karren was concerned the recording starts with a statement that Cash is a Benton County jail inmate. Robinson said any reference to the jail could be redacted.

Katherine Streett, one of Cash’s attorneys, said the recording is highly prejudicial against her client. Streett said the jury will hear Cash admit being the driver in her interrogation, which lessens the need for the recording of the phone call to be used as evidence.

Karren said he will allow some of the recording but ordered the reference to the jail redacted.

Cash also made a reference to the death penalty in the call. Karren ordered the death penalty reference be redacted if used in the innocence or guilt phase of the trial, but prosecutors may include that reference during sentencing proceedings.

The calls were not played in court, but the attorneys and judge referenced details from the calls.

Robinson said Cash described events that happened before Apple was hit. She also described in detail when Apple was struck by the car. Cash said in the recording she was trying to go around a police car and didn’t see Apple when she hit him, Robinson said.

Cash said in the call she learned Apple had died after her arrest while at the jail, Robinson said.

The judge found some of the calls could be introduced during the guilt and innocence phase of the trial, but ruled others could only be used at sentencing proceedings if Cash is convicted.

Karren also ruled prosecutors can introduce a Farmington police report that describes Cash fleeing from police at speeds exceeding 100 mph. He also ruled prosecutors could use some reports from other police departments as evidence in the trial.

Apple and fellow Pea Ridge officer Brian Stamps heard a dispatch about 11:30 a.m. June 26, 2021, to be on the lookout for a Jeep fleeing from Rogers police. They spotted the Jeep at the White Oak Station in Pea Ridge, according to a probable cause affidavit.

Cash was in the driver’s seat, and Elijah Andazola was a passenger, according to court documents. The two officers parked on both ends of the Jeep, which was at the gas pumps, and attempted to speak with Cash and Andazola, according to the affidavit.

Cash rammed one of the police vehicles, then drove over Apple — dragging him 149 feet — and fled west on Slack Street, according to court documents.

Apple, 53, was pronounced dead at the scene.

Andazola, 20, of Bentonville is charged with accomplice to capital murder and escape. Prosecutors have waived the death penalty in his case.

Andazola’s jury trial is scheduled to begin March 5 in Benton County Circuit Judge Robin Green’s courtroom.

Cash and Andazola are both being held without bail in the Benton County jail.

Streett also asked Karren to prohibit any testimony from Heather Porter. Robinson said Porter claims Cash told her a police officer tried to stop her and she took the officer out.

Prosecutors interviewed Porter on Thursday.