Stay issued on gag order in Southern Arkansas University slaying

LITTLE ROCK — The Arkansas Supreme Court has issued a stay of a lower court’s gag order that has blocked the release of many details surrounding an Aug. 11 shooting on the campus of Southern Arkansas University in Magnolia, pending further review by the state’s high court.

Attorneys for the Arkansas Democrat-Gazette and the Arkansas Press Association last month challenged the gag order, arguing in a petition to the Supreme Court that the circuit court judge’s order was overly broad, in excess of the court’s authority and an infringement on the rights of the press.

Authorities in southern Arkansas did not immediately say Friday whether they intend to release documents related to the criminal case after the Supreme Court issued its stay on the gag order Thursday.

Four defendants — three of them SAU students — are in custody without bail at the Columbia County jail in connection with the shooting. They face charges of capital murder and aggravated robbery.

Joshua Keshun Smith, a 21-year-old senior from Sparkman studying engineering physics, was killed in the shooting, which officials said took place in a university parking lot. Another student who has not been identified was hospitalized.

Although Southern Arkansas University at first publicized the basic facts of the incident, as well as the arrests of the suspects, records such as incident reports, communications of school officials and probable-cause affidavits have been held back, with authorities citing the gag order.

Judge David Talley Jr. of the 13th Judicial Circuit issued four identical gag orders for the four defendants during a hearing last month, explaining, “I’m just watching out for both sides.”

Additionally, Talley directed the Columbia County circuit clerk to seal all documents in the case, including probable-cause affidavits.

Columbia County deputy prosecuting attorney Ryan Phillips requested the gag order during the Aug. 17 arraignment of the defendants, the Democrat-Gazette reported at the time.

The “order regarding publicity” issued by Talley for each of the defendants prohibits many categories of people from releasing documents or commenting outside of court on any evidence tending to establish the guilt or innocence of the jailed individuals, as well as making other statements related to the criminal proceedings.