BENTONVILLE — A judge has ruled that he won't close a hearing in a road rage murder case in Benton County.
Senior Circuit Judge Tom Keith ruled that a Dec. 13 hearing will be held in open court, even though allegations in the case could make it harder to pick a jury.
The hearing will be on whether defendants Serafin Sandoval-Vega, 20, and Manuel Camacho, 26, should be tried separately. Sandoval-Vega is charged with capital murder and Camacho is charged with accomplice to capital murder. Prosecutors are seeking the death penalty.
The men are accused of killing Daniel Francis, 32, of Rogers. The diesel mechanic for J.B. Hunt trucking company was fatally wounded May 6, 2006, while sitting in a car with a co-worker at a stoplight in Rogers. Police believe a road rage incident prompted the shooting.
At the request of defense lawyers, Keith has allowed motions in the case to be filed under seal so the public cannot learn their contents. Keith had planned to close the December hearing but announced Monday the proceeding would be held in the open.
Keith noted that he has presided over "many controversial and highly-publicized cases, and I can't recall ever closing a hearing. I won't close these hearings. It may take us longer to pick a jury, more people may have to be called, and there may be more challenges."
Keith also expressed concern about how closing the hearing "could affect the confidence our Hispanic community may have in our criminal justice system."
However, Keith kept motions under seal.
Attorneys for Stephens Media, which owns The Morning News, petitioned the judge in August to open documents and hearings. Attorneys for the Arkansas Democrat-Gazette joined the effort.
Prosecution of a third defendant is being handled separately. Roxana Hernandez is charged with accomplice to capital murder. All three defendants are charged with committing, or being accomplices to, a terroristic act.