Judge: Deputies can pho­to­graph sus­pect’s body

Northwest Arkansas Democrat-Gazette - - NORTHWEST ARKANSAS - TRACY M. NEAL Tracy M. Neal can be reached by email at tneal@nwaon­line.com or Twit­ter @NWATracy.

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

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