Washington County Enterprise-Leader
Motions Filed In Murder Case
FAYETTEVILLE — Attorneys for four Prairie Grove residents charged with capital murder have filed more than 40 motions leading up to an August trial date in Washington County Circuit Court.
Anthony Allen Swinford, 36, Timothy William Swinford, 38, Heather Carlene Swain, 36, and James Patton, 35, are charged in connection with felony accomplice to capital murder and kidnapping in the beating death of Ronnie Lee Bradley of Prairie Grove. The charges include sentencing enhancements for engaging in violent criminal group activity.
The defendants are facing a life sentence without parole or the death penalty if convicted of the capital murder charge. The accomplice to kidnapping charge carries a sentence of 10- 40 years or life if convicted.
Judge William Storey granted one motion filed by Swain’s attorney, Bill James of Little Rock, and ordered a mental evaluation to determine if Swain understands the proceedings against her and can assist effectively with her defense. The evaluation ordered by Storey is to include a diagnosis of the mental condition of the defendant, including a test for mental retardation.
The four are scheduled to go to trial Aug. 19 but John Threet, Washington County prosecuting attorney, said the order for the mental evaluation means that Swain’s trial will be delayed. Threet did not know of any other outstanding motions that could delay the trial for the other three.
Though the trial may be postponed for all four, Threet said for now, he is moving forward with the trial date as scheduled.
Attorneys for Swain, Timothy Swinford and Patton have filed motions asking that their clients’ cases be severed from their co-defendants and that the suspects be tried separately. Storey has not ruled on these motions.
Patrick Benca, a Little Rock attorney representing Timothy Swinford, filed 43 motions on July 15 covering a variety of issues.
He filed a motion asking that jurors be paid at their current wage rates and that the state reimburse jurors for childcare costs during the trial. Benca also asked the court to prohibit the state from attempting to get information or statements through covert or overt tactics, such as “double celling,” and asked the court to suppress statements made by alleged accomplices or co-conspirators.
Benca claims that Timothy Swinford was subjected to an unlawful arrest and police failed to secure a proper search warrant. He filed a motion asking the court to suppress illegally obtained evidence or statements.
A number of Benca’s motions deal with the constitutionality of the death penalty. He argues that the death penalty is a “cruel and unusual punishment” and should be ruled as unconstitutional. Benca claims that Arkansas’ law which mandates a death sentence for a capital murder conviction with aggravating circumstances does not allow a jury to “show mercy” to a particular defendant.
Threet on Thursday said he has not made a decision on whether to seek the death penalty.
Other motions by Benca ask the court to prohibit emotional outbursts or displays of approval or disapproval in the courtroom, to require the jurors to remain together and not communicate with anyone else (except the court and bailiff ) and that the jurors not be taken in and out of the courtroom so that they have to pass family members or friends of the victim.
Benca’s motions also ask that he receive all records from the Department of Human Services, Division of Children and Family Services, pertaining to Timothy Swinford and that juvenile records pertaining to Swinford be released to his attorney.
Three of the defendants, who are being held without bond in the Washington County Detention Center, are facing other charges. Swain is charged with tampering with physical evidence. Both Swinfords have sentencing enhancements for being habitual offenders.
The preliminary arrest report stated that the defendants went to Bradley’s home in Prairie Grove and lured him into Swain’s vehicle. Over the course of the next few hours, the report stated the suspects took turns driving the vehicle and choking and beating the victim at different locations within the southwest area of Washington County.
Bradley’s body was discovered the morning of Dec. 27, 2012, in the driveway of 17409 Four Corners Road, near the intersection of Greasy Valley Road.