A man charged with capital murder in the 1994 disappearance of Searcy resident Jarrod Green wants a court to let him leave the state while he is free on bond.
Brandon Wheeler, 41, of Weatherford, Texas, was charged in May with capital murder and abuse of a corpse.
Wheeler was initially jailed without bail but released on $100,000 bond in early June with other restrictions, including that he must remain in Arkansas. He and his wife also surrendered their passports.
In a motion filed in White County Circuit Court, Wheeler's attorneys asked that he be allowed to leave the state "for work purposes only" while he awaits trial. They said he had regularly traveled for his job as a pipeline inspector.
"Mr. Wheeler will continue to report to his bondsman and could do this via video to verify his location," attorneys wrote in the motion filed Monday.
Prosecuting Attorney Rebecca Reed McCoy said Wednesday that the state would object to that request.
Wheeler's attorneys also asked that his wife's passport be returned -- a request the court has previously indicated she could make at some point.
The defense additionally requested a probable-cause hearing, saying it does not believe the state has provided all of the discovery, or evidence, and repeated the argument that there is no evidence Green is dead.
Green was 20 when his father first reported him missing. The father notified authorities days after his son left his home on Sept. 30, 1994 to settle a drug debt, and disappeared.
Reed McCoy said Wednesday that she would file a response to the motion. She declined comment on whether authorities have found a body or remains.
"No evidence from any searches of property have been provided, other than reporting cadaver dogs were used successfully in locating evidence, of which Defense counsel has not been provided," defense attorneys wrote. "The State is allegedly draining a pond of interest that they have been aware of since at least December of 2016. ... Mr. Green's body has allegedly not been discovered.
"There is no murder weapon," the defense added. "No alleged accomplices have come forward. In fact, family and friends have consistently stated that Mr. Jarrod Green not only wanted to hide, but did hide for some time before his disappearance. Furthermore, there have been multiple reported interactions with Mr. Jarrod Green subsequent to his disappearance."
Reed McCoy said she also could not comment on whether authorities were draining a pond. "That's evidence. I can't comment," she said.
She said the Arkansas Rules of Professional Conduct are stricter on what prosecutors can say about a case than they are for defense attorneys.
State Desk on 07/13/2017