Prosecutors won't seek death penalty for passenger arrested in Pea Ridge officer's death

April court dates set for 2 suspects in hit-and-run that killed Pea Ridge officer

Elijah Andazola
Elijah Andazola

BENTONVILLE -- Prosecutors aren't seeking the death penalty for a Bentonville man who was the passenger in a vehicle that struck and killed a Pea Ridge police officer last year.

Elijah Michael Andazola, 19, is charged with accomplice to capital murder and escape. He pleaded innocent to the charges.

He was in the vehicle driven by Shawna Cash when officer Kevin Apple was killed, according to court documents.

Cash, 23, of Pine Bluff is charged with capital murder, escape, fleeing, two counts of aggravated assault, leaving the scene of a personal injury accident, criminal mischief, obstructing governmental operations and reckless driving. She pleaded innocent to the charges. Prosecutors are seeking the death penalty against her.

Joshua Robinson, deputy prosecutor, announced during Andazola's latest court appearance Tuesday that prosecutors wouldn't seek the death penalty for Andazola.

"After reviewing the evidence and with the support of Officer Apple's mother, I elected to prosecute Mr. Andazola as an accomplice to capital murder and waive the death penalty in his case," Benton County Prosecuting Attorney Nathan Smith said. "As he was the passenger in the vehicle and not the driver, I do not believe that the specific facts and circumstances in Mr. Andazola's case would legally meet the high burden under Arkansas law to justify a death sentence. My intention is to continue to seek justice for the murder of Officer Apple to the maximum extent allowed by law."

Cash and Andazola are being held without bail in the Benton County jail.

Apple and fellow Pea Ridge officer Brian Stamps responded to a call about 11:30 a.m. June 26 to be on the lookout for a Jeep fleeing from Rogers police. They spotted the Jeep at the White Oak station in Pea Ridge, according to a probable cause affidavit. Cash was in the driver's seat, and Andazola was a passenger, according to court documents.

The two officers parked on both ends of the Jeep, which was parked at the gas pumps, and attempted to speak with Cash and Andazola, according to the affidavit. Cash rammed one of the Pea Ridge police vehicles, then drove over Apple -- dragging him about 149 feet -- and fled west on Slack Street, according to court documents.

Apple, 53, was pronounced dead at the scene.

Prosecutors have filed aggravating factors in Cash's case, which is necessary in death penalty cases. The factors listed in Cash's case include the murder was committed to avoid arrest and to disrupt or hinder the lawful exercise of any governmental or political function. In addition, the murder was committed in "an especially cruel and depraved manner," according to court documents.

Cash's case is in Benton County Circuit Judge Brad Karren's court. Karren issued a gag order to prohibit prosecutors and law enforcement from commenting on the case.

Andazola's case is in Benton County Circuit Judge Robin Green's court. Green did not issue a gag order.

Cash's next court appearance is April 15; Andazola will next appear in court April 18.

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