Lacy, Laswell will be tried together
Posted on Friday, September 5, 2008
URL: http://www.nwanews.com/bcdr/News/65405/
BENTONVILLE — The two men accused of killing Randall Walker will be tried together.
Brandon Lacy, 29, of Rogers, and Broderick Laswell, 19, of Farmington, are charged with capital murder and aggravated robbery. Prosecutors are seeking the death penalty for the suspects.
If convicted of capital murder, the men will face death sentences or life in prison. The punishment for aggravated robbery is a sentence ranging from 10 to 40 years or life in prison.
Lacy’s defense attorneys sought a separate trial, but Circuit Judge Tom Keith denied the request Thursday.
Walker’s burned body was found Aug. 30, 2007, in his residence at 18425 Beaver Hollow Road. Firefighters who responded to a call found the body in a bedroom, where the fire began.
A medical examiner’s preliminary findings show Walker died from bluntforce trauma, as well as from stab wounds to the chest and neck. The medical examiner found Walker was dead at the time of the fire.
During Thursday’s hearing, Keith listened to testimony concerning a suppression issue brought by Laswell’s attorneys. They want to suppress Laswell’s statements on the basis that Laswell was arrested without a warrant and without probable cause. Keith did not rule on the suppression issue.
Greg Hines, an investigator with the Benton County Sheriff’s Office, testified that Lacy was arrested Sept. 2, 2007, for public intoxication at a Rogers restaurant, where Lacy claimed to have committed a homicide.
Hines questioned Lacy the next day, and he admitted going to Walker’s home with a friend. Lacy admitted to hitting Walker with a fireplace poker, according to Hines’ testimony.
Lacy said a friend drove him to and from Walker’s house and that same friend had struck Walker twice in the head with a weight bar, Hines testified. Lacy eventually identified the friend as Laswell. Lacy claimed before his arrest that he had called Laswell to tell him that he (Lacy ) was going to turn himself in, Hines said.
Hines, along with BCSO investigator Dennis Schumacher, then drove to the Farmington Police Department, and one of the department’s officers went with the investigators to Laswell’s home.
Laswell answered the door and later voluntarily stepped outside onto the porch, where he was arrested on the murder charge, Hines said.
Hines testified he did not seek an arrest warrant out of concern and the timing issue because Laswell knew Lacy was planning to turn himself in.
Laswell was taken to the Sheriff’s Office, where he admitted hitting Walker twice with a weight bar, Hines said.
When questioned by Doug Norwood, one of Laswell’s attorneys, Hines agreed with Norwood that at the time of Laswell’s arrest, there was no physical evidence linking him to the crime.
Norwood also wanted to know whether Walker was alive or dead when Laswell hit him. A bleeding Walker had already been struck by Lacy with a fireplace poker.
“(Laswell ) could have been hitting someone alive or dead, ” Norwood asked.
Hines also testified that a weight bar was found next to the body, but he did not know if it was the murder weapon.
Attorneys will submit briefs on the suppression issue. Keith may issue his ruling during an 8: 30 a. m. Oct. 27 hearing.
Lacy and Laswell are being held without bond in the Benton County Jail.
Keith ruled Thursday that jail officials could still continue to hold Lacy in segregation in the protective custody pod. Lacy is allowed out of his cell each day for an hour unless he has a visitor or a court hearing.
Lacy was moved into protective custody after having two fights with other inmates. Lacy’s collarbone was broken in one of the incidents.
Jail Capt. Hunter Petray testified that a jailer found Lacy in possession of a sharpened spork, which could be used a weapon. The jail also had received letters from someone threatening to harm Lacy, Petray said.
Petray said Lacy is being kept separate from other inmates for his own safety.
Lacy wants to be taken off segregation and allowed into the pod with other inmates in protective custody. If allowed contact with other inmates, Lacy would agree to waive the jail of any responsibility if he is harmed by another inmate.
Keith ruled that jail officials are taking the appropriate action to protect Lacy.