FORT SMITH — A judge in Fort Smith has turned away an attempt to suppress evidence and statements in a capital murder case in which a man is accused of killing his girlfriend and her two young children.
James Aaron Miller is charged with capital murder and prosecutors are seeking the death penalty for the slayings of Bridgette Barr, 28, and her two children, 5-year-old Sydney Barr and 2-year-old Garrett Barr.
Police checked the home after receiving a call reporting that Miller had sent text messages to his father indicating he was suicidal.
Circuit Judge James O. Cox ruled Wednesday that police were making a legitimate welfare check at the house. Cox turned away defense arguments that the search was unwarranted. Miller consented to the search, but the defense argued that the consent was given after police had been in the house.
Police visited the home Dec. 26, though documents show the killings took place several days before and the bodies remained in the apartment.
Trial is set to begin Dec. 3.