RUSSELLVILLE -- The prosecuting attorney for Johnson County said Monday that he will seek a capital murder charge against a man arrested in the fatal shooting last week of a reserve deputy.
Circuit Judge William Pearson said during a probable cause hearing Monday that there was reason to hold Fred Kauffeld, 51, on a capital murder charge in Friday's shooting death of Johnson County Reserve Deputy Sonny Smith, 42. Kauffeld was held without bail in the Pope County jail.
Attorney John Burnett was retained to represent Kauffeld. Efforts to reach Burnett were unsuccessful Monday, and Kauffeld did not enter a plea.
Prosecuting Attorney David Gibbons said he expects to file the capital murder charge against Kauffeld sometime next week. He said he wanted to wait until the Arkansas State Police completed its investigation so he can review the entire record.
Capital murder carries the potential for the death penalty. Gibbons said it was too early to decide whether he will seek death against Kauffeld in this case. The other possible penalty for a capital murder conviction is life in prison without parole.
He said Kauffeld will be arraigned on the charge in Johnson County Circuit Court in Clarksville at 9 a.m. July 10.
Gibbons said Lt. Jeff Wood of the Johnson County sheriff's office testified during the brief hearing Monday in the Pope County Courthouse that Smith was one of two deputies called out to County Road 1723 about 1 a.m. after a report of forced entry to a home and items taken.
A team of two deputies and a dog were called to the scene during the search, Wood said, according to Gibbons. When the dog picked up a scent, Smith went along with the dog team.
The team came to a fence and as the members were crossing it, a heat-detecting device registered an indistinct heat reading. Gibbons said the equipment couldn't pick up a clear reading because, as Wood testified, Kauffeld was hiding behind a rock.
Wood testified, according to Gibbons, that about 200 yards from where the break-in occurred, Smith said he heard something approaching him in the dark. He yelled for whoever was there to put up his hands.
Gibbons said Wood testified that at that time, Kauffeld began shooting, and Smith returned fire. Kauffeld shot until the gun was empty, he said.
Wood didn't say how many shots Kauffeld fired. Gibbons said state police were still trying to determine Monday how many times Smith fired.
After firing all his ammunition, as Gibbons recounted Wood's testimony, Kauffeld surrendered.
Gibbons said Wood testified that a plastic box of coins was found near Kauffeld that was identified as coming from the burglarized home.
The Johnson County sheriff's office turned over the investigation of Smith's death to the state police and has referred all inquiries to that agency.
Sheriff Larry Jones posted a statement on the office's Facebook site on Friday night, expressing the grief that he and his staff felt over Smith's death.
Smith was a reserve deputy with the office for 11 years.
"As we deeply mourn the loss of one of our own we ask you, our community, to wrap your arms around your law enforcement professionals and the Smith family in the coming days," a portion of the statement said.
Smith's son, Dakota, was set to graduate from Clarksville High School on Friday evening. About 25 officers from the Johnson County sheriff's office, Clarksville Police Department, Russellville Police Department and the state police attended the graduation, which was held at the Arkansas Tech University arena in Russellville, Clarksville schools' Assistant Superintendent Steven Wyatt said.
Wyatt said as teachers filed into the arena, each carried a flower that was dropped into a basket in front of the seat where Smith's widow, Amy, was sitting.
Graduating seniors wore black ribbons in Smith's honor, Wyatt said.
When Dakota walked up to receive his diploma, he said, the assembled officers stood and saluted. The large audience gave a long standing ovation.
"There was not a dry eye in the house," Wyatt said.
Metro on 05/19/2015