CONWAY -- Attorneys for the oldest of four teenagers charged in the killings last year of a Conway couple want to call his three co-defendants when his juvenile-transfer hearing takes place next week.
Hunter Drexler, 19, of Clinton is scheduled for a four-day hearing starting Tuesday in Faulkner County Circuit Court. Drexler was 17 when the crime took place July 21, 2015, but was charged as an adult.
Drexler and the other teenagers were charged in the shooting deaths of Patricia and Robert Cogdell, both 66, of Conway. They were the legal guardians of one of the teens, Justin Staton, now 15.
Drexler, who is charged with capital murder and other felony offenses, wants his case transferred to juvenile court where he could get a less severe sentence if convicted. In circuit court, he could get up to life in prison without parole, though his attorneys have asked Judge Troy Braswell to exclude that potential sentence.
In a newly filed motion, Drexler's attorneys, Patrick Benca and John Kennedy, noted that the defendant is the one who has asked for the transfer. As a result, they said, he "has the burden to prove, by a standard of clear and convincing evidence, [that] his case should be transferred back to juvenile court."
To that end, the attorneys said, they must argue certain points such as the defendant's culpability in the crime, and that includes "the level of planning and participation in the alleged offense." They said another factor is "whether the juvenile acted alone or was part of a group in the commission of the alleged offense."
To argue effectively for treating the case as a juvenile-court matter, the attorneys said they must call Drexler's co-defendants and "two fact witnesses" who are incarcerated. The defense motion requests that instructions be given to transfer those witnesses to court for testimony at the appropriate time.
Two of the other teenagers charged in the deaths -- Staton and Connor Atchley, now 18, of Greenbrier -- have pleaded guilty to first-degree murder and other offenses and have been turned over to the state Department of Correction. The remaining co-defendant, Anastasia Roberts, now 18, of Conway, awaits trial.
The defense motion lists Abe Heflin as a "fact" witness and indicates he is incarcerated, as well. The motion does not say who the second such witness is. Heflin was the boyfriend of Staton's mother, Michelle Staton. Michelle Staton has gone to prison for hindering apprehension or prosecution and for unrelated drug charges.
In a separate motion, Drexler's attorneys again asked that bail be set for him. He has been jailed without bail since his arrest shortly after the killings.
Since bail was previously denied, the attorneys wrote, Atchley and Justin Staton have given additional statements that contradict previous ones.
"For example, in Justin Staton's recent version, he acknowledged killing his grandmother [Patricia Cogdell] and shooting his grandfather [Robert Cogdell] in the head to end his life," the defense wrote. "His remaining allegations implicating Hunter Drexler's involvement do not match forensic evidence."
The Cogdells had raised Staton as a grandson even after genetic testing proved their son was not Staton's biological father.
The attorneys noted that an appeal of the judge's juvenile-transfer decision is expected by the side that loses.
"As the U.S. Supreme Court has indicated in recent rulings -- juveniles are to be treated different by trial courts, regardless of whether they are charged as adults or as juveniles," the defense attorneys wrote.
State Desk on 10/13/2016