FAYETTEVILLE - The death penalty is still on the table for a Fayetteville man accused of gunning down his girlfriend in a fit of rage, officials said. A confession to police also can be used at trial.
Eric Thomas Frankenhauser, 41, is charged in connection with capital murder in the 2012 death of 39-year-old Jessica Stewart. He also is charged with first-degree battery.
If convicted, Frankenhauser faces life in prison without the possibility of parole or the death penalty.
“At this point, we’re still proceeding with the death penalty,” said John Threet, Washington County prosecutor, after a recent hearing.
Circuit Judge William Storey refused to rule that the state’s death penalty and related laws are unconstitutional.
“The Arkansas Supreme Court and the U.S. Supreme Court have addressed this issue in a number of cases and found the death penalty to be constitutional,” Storey said. “It’s not the prerogative of this court to change the law.”
Police said a neighbor found Stewart lying in the yard of 2228 W. Wedington Drive with a gunshot wound in her head. She died the next day at Washington Regional Medical Center.
Witnesses told police they saw Frankenhauser follow Stewart into the yard, where she fell to her hands and knees. Frankenhauser then approached Stewart and shot her in the head before fleeing in Stewart’s car.
Frankenhauser fled the state. Investigators issued a nationwide bulletin, and he was arrested a short time later walking down a rural road outside Columbus, Ohio.
Pat Aydelott, Frankenhauser’s attorney, sought to suppress part of a statement Frankenhauser made early in an interview with Fayetteville police officers at the Ohio jail where he was being held. In that interview, Frankenhauser told police - before he had been read his Miranda rights - that he and Stewart were arguing, he grabbed a gun, chased her down and shot her in the head. Officers said they stopped Frankenhauser, read him his rights and continued with the interview.
Prosecutors argued the confession was a spontaneous statement.
Storey ruled the statements were voluntarily made and weren’t given in response to questions asked by police.
Frankenhauser had a mental evaluation in March to determine whether he is competent to stand trial, understands the nature and consequences of the proceedings against him and whether he can assist in his defense.
A doctor at the State Hospital said Frankenhauser suffers from recurrent major depressive disorder, which was in remission, and borderline personality disorder but can conform his behavior to the law and is fit to stand trial. The doctor noted a history of Frankenhauser’s relationships ending because of domestic abuse.
Frankenhauser is being held without bond in the Washington County jail. His trial is set for Jan. 27.
Arkansas, Pages 12 on 12/26/2013