BENTONVILLE – Prosecutors dropped the murder charge against a Bentonville man arrested in connection with the killing of a Pea Ridge police officer.
Elijah Andazola, 21, appeared in court Monday where Benton County Prosecuting Attorney Joshua Robinson announced he was dismissing the murder case against Andazola.
He was charged as an accomplice to capital murder.
Andazola pleaded guilty to hindering apprehension or prosecution, accomplice to breaking or entering, possession of methamphetamine and drug paraphernalia. The plea was under an agreement Tony Pirani and Kimberly Weber, Andazola’s attorneys, reached with Robinson.
Robinson said his position about Andazola’s responsibility in Pea Ridge police officer Kevin Apple’s death changed as he was preparing for Shawna Cash’s trial and based on evidence revealed during the trial. Robinson said he no longer believes Andazola is responsible for Apple’s death.
“That responsibility rests solely with the co-defendant Shawna Cash,” Robinson said.
Robinson said one of the witnesses testified Andazola’s hands were up surrendering before Cash, who was driving the Jeep hit and killed Apple.
Apple and Brian Stamps, then a Pea Ridge police officer, heard a dispatch about 11:30 a.m. June 26, 2021, 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.
Stamps stopped his patrol vehicle behind the Jeep, and Apple stopped his car in front of the Jeep.
Cash hit Stamps’ vehicle, then sped forward and hit Apple, who got caught under the vehicle. Stamps testified he fired four shots at the Jeep after seeing Apple underneath it.
Cash was later apprehended by a Bella Vista police officer after she crashed the Jeep and fled into the woods. Police arrested Andazola a short time later.
Robinson said Andazola should be held responsible for his actions for fleeing from police and stealing mail from a mailbox.
Apple’s family and law enforcement understood and did not object to the plea agreement, Robinson said.
“Our thoughts and prayers go out to Officer Apple’s family,” Pirani said.
Pirani said Andazola has not always made the best choices in his life, but he did a lot of growing up while being held in the Benton County Jail.
“We all have a tremendous amount of faith Mr. Andazola will do well and we will not see him again,” Pirani said.
Andazola said though he is not responsible for Apple’s death he wanted to express his sympathies to Apple’s family members.
“I pray God gives you the strength to cope with your loss,” Andazola said.
He expressed his gratitude for getting a second chance.
Benton County Circuit Judge Robin Green accepted the plea agreement and Andazola’s guilty plea. She said the plea offer is the result of the grace and mercy of Apple’s family and law enforcement.
Andazola was placed on 15 years of state-supervised probation.
He will be released from jail Monday but must complete an 18-month substance abuse program.
Andazola was told he had to report to the program Monday after being released from the jail. Green told Andazola he must complete the program or he will violate the terms of his probation.
Andazola, along with Pirani and some of his family members, walked out of the jail Monday afternoon.
“Today has been a long day coming for Elijah,” Pirani said. “As of today, 928 days he’s been incarcerated for a crime we don’t believe he committed. We are grateful to the state, court and family for recognizing the evidence shows Elijah is not guilty of homicide.”
Pirani said Andazola is not the person who killed Apple. “He was absolutely in the wrong place at the wrong time,” Pirani said. “He regrets any involvement in this incident and being a passenger in the vehicle that day, but he is not a killer.”
Andazola plans to work the substance abuse program and be successful, Pirani said.
A jury last month found Cash guilty of capital murder. The panel spared her of a death sentence, and Benton County Circuit Judge Brad Karren sentenced her to life imprisonment without the benefit of parole for the murder. She was also sentenced to 10 years in prison for fleeing and six years each for two counts of aggravated assault. The sentences will be served consecutively.