Judge: Deputies can photograph suspect’s body

BENTONVILLE — Benton County Sheriff’s Office deputies can photograph the body of a man accused of killing his mother earlier this week, Circuit Judge Robin Green ruled Thursday.

Patrick Christopher Malone, 20, of Garfield was arrested in connection with capital murder. He’s being held in the Benton County Jail on a $250,000 bond. Prosecutors haven’t filed a formal charge against Malone.

Malone is accused of shooting Christel Malone, 44, on Monday.

Prosecutors filed a motion Wednesday to inspect and photograph Patrick Malone’s body. The motion didn’t specify the reasons for the photographs. Green held a short hearing on the request Thursday.

Kevin Lammers, deputy public defender, objected, citing Malone’s right against self-incrimination. Lammers told Green a hearing might be necessary to determine if prosecutors can use the photographs as evidence at trial.

Benton County Chief Public Defender Jay Saxton requested an attorney or investigator with his office be present when the photographs are taken.

Bryan Sexton, deputy prosecutor, said the photographs would be taken Thursday. Sexton didn’t object to a public defender being present. Green ruled the photographs can be taken.

Sheriff’s Office deputies went to 16912 Ridge Road in Garfield shortly after 3 p.m. Monday after Danny Malone called 911 and said his son shot and killed his wife and his son is mentally ill, according to the probable cause affidavit.

Deputies found Christel Malone dead from gunshot wounds. Patrick Malone was arrested at the scene. Deputies found a .410 Taurus Judge gun in a holster on the dining room table, according to the affidavit.

Malone told detective Alison Nguyen with the Sheriff’s Office he began to think about names his mother had called him. He described his mother as evil and said the two hated each other, according to the affidavit.

Malone said he walked into a bedroom and, when his mother turned and looked at him, he shot her, according to the affidavit. He described hearing two or three bangs and then clicking sounds.

Christel Malone had multiple bullet wounds to her face, according to court documents.

Patrick Malone’s arraignment is scheduled for 8 a.m. Sept. 5.

P. Malone