HOT SPRINGS -- A man charged in the March 10 fatal shooting of a Hot Springs police officer has pleaded innocent to a capital-murder charge, and his attorney has indicated that he intends to maintain a defense of innocent by reason of mental disease or defect.
Kayvon Moshawn Daking Ward, 21, and Coraima Hernandez, 20, are each charged with capital murder, punishable by life in prison or death, and with aggravated assault on a law enforcement officer, punishable by up to life in prison. Authorities said they suspect Ward is the gunman.
Ward appeared Tuesday in Garland County Circuit Court with his attorney, Willard Proctor Jr., of Little Rock, to enter his pleas to those charges and possession of a defaced firearm, punishable by up to six years, in the death of Hot Springs Officer 1st Class Brent Scrimshire.
Ward also entered a plea of innocent by reason of mental disease or defect to an unrelated felony charge of first-degree battery, punishable by up to 20 years, stemming from a shooting in August 2019, which was filed directly to circuit court Monday.
Hernandez appeared Tuesday with her court-appointed attorney, Mark Fraiser, to enter her pleas of innocent to her charges.
Garland County Prosecuting Attorney Michelle Lawrence indicated Friday that she intends to seek the death penalty for Ward and Hernandez, who reportedly interfered with the officer before the shooting.
Affidavits naming Ward and Hernandez in Scrimshire's death were filed under seal per a court order issued March 12 by Circuit Judge Marcia Hearnsberger, who issued a gag order Friday limiting pretrial publicity in the case.
All further court proceedings against Ward are suspended pending his mental evaluation, and the court order notes that the director of the Division of Aging, Adult and Behavioral Health Services shall provide a qualified psychiatrist or psychologist to conduct the examination.
Proctor filed multiple motions Tuesday, including one to suppress any statements Ward made after his arrest, arguing that the statements were in violation of Ward's Fifth Amendment right to remain silent, and the interrogation followed an arrest "which was illegal as the police did not have probable cause to arrest or detain" Ward.
According to a news release issued last week by Lawrence, on March 10 around 6:30 p.m., Scrimshire conducted a routine traffic stop of a red Nissan Xterra in the 100 block of Kenwood Street after noting that the vehicle failed to stop at a stop sign.
Scrimshire spoke with the driver, later identified as Ward, and noted that there was a small child, around 2 years old, in the rear of the vehicle who was not in a child safety seat, according to reports. Scrimshire asked Ward for his driver's license and proof of insurance, and asked him to contact someone to come and pick up the child or to provide a car seat for the child, reports said.
Ward provided a false name and date of birth, the release. Officer Anthony Larkin arrived to assist Scrimshire, and a few minutes later, Hernandez arrived. The officers asked her what the driver's name was, but she would not provide his name, the release said.
Ward tried to exit the vehicle as the officers were speaking with Hernandez, the release said. The officers tried to take Ward into custody, but he told them three different times "they were not going to arrest him" and began "actively fighting both officers," the release said.
Hernandez began pulling and pushing on the officers and yelling at them to leave Ward alone, the release said. Larkin told Hernandez to get off him and pushed her away, allowing Ward to break free and run into a nearby yard, the release said.
Once in the backyard, Ward fired multiple shots at Scrimshire and Larkin, and one of the shots struck Scrimshire in the upper torso above his bullet-resistant vest, the release said. Both officers then returned fire striking Ward.
Hernandez got into the Nissan and fled once the shots were fired, the report said. A defaced firearm was found underneath Ward, the report said.
Scrimshire and Ward were transported to Hot Springs hospitals where Scrimshire was later pronounced dead.
According to the affidavit on the first-degree battery charge against Ward, Hot Springs police were sent last summer to National Park Medical Center regarding a shooting on Garden Street.
Officers spoke with a witness in front of 356 Garden St., the listed residence of Ward, who reportedly confirmed that a shooting had occurred inside the residence. She said Zachary Barnett had visited the residence and walked back toward Ward's bedroom.
She said moments later she "heard a pop" and when she looked toward Ward's room she saw Barnett on the floor and Ward standing over him holding a black handgun, according to reports. She said Barnett got up and ran out of the house, and Ward "shut himself in his bedroom," the reports said.
Officers spoke to Barnett at the emergency room and noted that he had a single gunshot wound in the right side of his upper torso that doctors said was non-life-threatening. Barnett told officers he had gone to the Garden Street residence to pick up his son and while there had walked to a back bedroom.
Ward opened the door and shot him "for an unknown reason," he said, noting that he then fled and was taken to National Park Medical Center, reports said.
Also, Ward was scheduled to be arraigned Wednesday in Garland County District Court on a misdemeanor charge of third-degree battery stemming from an alleged incident on July 10, 2019, also at Ward's residence.
According to the affidavit, released Tuesday, Carlos Brewer said he was leaving the residence and getting into his car when Ward came up and "hit me in the head with his fist," causing bleeding and swelling to his left ear. Brewer noted it was unknown why Ward attacked him, the affidavit said.
Metro on 03/19/2020