Judge clears man for murder trial

BENTONVILLE — A Garfield man is fit to stand trial on a charge of killing his mother, Circuit Judge Robin Green ruled Monday.

Patrick Malone, 21, is charged with capital murder. Benton County sheriff’s office deputies found Christel Malone, 44, dead at 16912 Ridge Road about 3 p.m. July 31 from gunshot wounds, according to court documents. Her son was arrested at the home, and deputies found a .410 Taurus Judge gun in a holster on the dining room table, according to the probable cause affidavit.

Deputies went to the home after Danny Malone called 911 and said his son shot and killed his wife. He also said his son is mentally ill, according to the probable cause affidavit.

Patrick Malone told detective Alison Nguyen 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 shot his mother when she turned and looked at him, according to the affidavit.

Mental health experts came to different conclusions about Malone’s fitness to stand trial.

Dr. Eugene Lee, a forensic psychiatrist hired by Malone’s defense attorneys, testified Monday that Malone suffers substantial thought and memory disorders that impair his judgment. He also told the judge Malone lacks the capacity to assist his attorneys with his defense and that he lacks the capacity to understand the proceedings against him.

Dr. Michael Simon evaluated Malone at the Arkansas State Hospital in Little Rock and said he believes the defendant is fit to stand trial and has the capacity to assist his attorneys. Simon diagnosed Malone with a learning disorder but didn’t find he has a mental disease.

Simon said Malone seemed childish in their interview and told him that a cousin said to act crazy. Malone added that he didn’t think it was a good idea, Simon said.

Lee testified Malone had been listening to another inmate talk about his case. Green said some of Malone’s confusion may end if he instead listens to his attorneys.

Green found Malone capable of assisting his attorneys with his defense and ruled he doesn’t have a mental disease or defect.

A hearing is scheduled for July 30.

Malone will be automatically sentenced to life in prison if he’s convicted of capital murder because prosecutors waived the death penalty.