May trial set in killing of deputy

The capital-murder trial for the man charged in the killing of Johnson County reserve sheriff's deputy Sonny Smith last spring has been scheduled for the week of May 23.

ADVERTISEMENT

More headlines

Johnson County Circuit Judge William Pearson on Monday set the trial date for Fred Kauffeld, 51, who is charged with two counts of capital murder, two counts of attempted capital murder and one count of residential burglary.

Prosecuting Attorney David Gibbons said Tuesday that he has not decided whether to seek the death penalty against Kauffeld. A capital-murder conviction in Arkansas carries two possible sentences: death or life in prison without parole.

Kauffeld is accused of killing Smith, 42, an 11-year veteran of the sheriff's office, when he confronted Kauffeld after the burglary of a rural home near the eastern Johnson County town of Knoxville.

Kauffeld's trial had been scheduled for this week but was expected to be delayed after Pearson granted a defense motion last month to have Kauffeld examined for his mental fitness to proceed to trial.

Pearson also ordered Kauffeld to undergo an examination for criminal responsibility requested by Kauffeld's attorney, Bill James of Little Rock. The order, signed by Pearson on Dec. 18, says James intends to rely on a mental disease or defect defense.

"That Defense Counsel has reason to believe that due to mental disease or defect, Mr. Kauffeld may not fully understand the proceedings against him, and may not have been able to fully appreciate the criminality of the conduct for which he is accused and his ability to assist in his defense may be in question," James wrote in his motion for the mental examination, dated Dec. 16.

In a notice filed Oct. 7, James wrote that he intended to raise justification as a defense of the charges against Kauffeld. The notice did not elaborate on how Kauffeld would justify shooting Smith.

James also filed motions Oct. 7 to suppress physical evidence collected from a search warrant after Kauffeld's arrest and statements he made to investigators.

One of the two capital-murder charges against Kauffeld accuses him of killing a law enforcement officer in the line of duty. The other accuses him of committing murder during the commission of a felony, the burglary.

State Desk on 01/30/2016

Upcoming Events