Self-defense claim leads to refusal to take plea

BENTONVILLE — A judge refused to accept a guilty plea Monday after the murder defendant claimed he acted in self-defense when he slammed his girlfriend’s head to the ground.

Kevin

Wayne Clayborn, 50, of Rogers is charged with capital murder, battery and theft of property. He was set to plead guilty before Benton

County Circuit Judge Robin Green.

Clayborn is accused of killing 48-year-old Misha Rivera. She died as result of trauma to her head and strangulation, according to a probable cause affidavit.

Family members found Rivera’s body in her Rogers home May 5, 2018, according to court documents.

Stuart Cearley, chief deputy prosecutor, said in court Clayborn and Rivera were dating and got into an argument. Clayborn slammed her head to the ground, strangled her and then stole her vehicle, Cearley said.

Green asked Clayborn if Cearley’s statement was true.

“Not exactly,” Clayborn said. Moments later he said he agreed with Cearley’s statement.

“Did you take her car?” the judge asked.

“Yes,” Clayborn replied. The judge then moved to the battery charge. Clayborn admitted he slammed Rivera’s head into the ground.

“I was defending myself,” he said.

Green told Clayborn, because of his self-defense claim, she couldn’t accept his guilty plea.

Clayborn said he wasn’t being forced or coerced into pleading guilty.

“I really want to move on,” he said. “I want to be responsible for my actions.”

Green asked Clayborn whether he was satisfied with the work of his attorneys. He has written at least two letters to the judge questioning their work and claiming racial discrimination.

“I’m just ready to move forward,” said Clayborn, who is black.

Toney Brasuell, one of Clayborn’s lawyers, told Green the attorneys haven’t discriminated against Clayborn.

The judge gave Brasuell and Clayborn more time to discuss the issue.

“I want to simply say I’m fine with how they represented me,” Clayborn said after.

Several members of Rivera’s family, along with several Rogers police detectives, were in court for the proceedings.

Clayborn described himself as an honest man.

“I’m not this monster that this newspaper makes me out to be,” he said.

The judge scheduled a pretrial hearing for Sept. 3.

Clayborn is being held without bond in the Benton County Jail.

Clayborn