Trial delayed for Arkansan accused of shooting 2 men, crushing bodies in car at salvage yard

Defense asks to interview witnesses

Tyler Barefield, 35, of Russellville
Tyler Barefield, 35, of Russellville

A judge agreed Monday to postpone the capital-murder trial of a Pope County man accused of shooting two men and crushing their bodies in a car at a Russellville salvage yard.

Originally scheduled for this month, the trial of Tyler Barefield, 36, will begin Oct. 23 in Pope County Circuit Court in Russellville.

Police arrested Barefield on Sept. 16, 2016, in the deaths of Beau Dewitt, 22, and Aaron Brock, 22, both of Dardanelle. Investigators have said Barefield shot both at his business, U-Pull-It Auto Parts, where authorities contend the two had gone to steal car parts.

Judge William Pearson set a pretrial hearing for Aug. 7.

Defense attorneys with the Little Rock law firm of Benca & Benca had asked that the trial be delayed. They said it was impossible to prepare the case "completely and fairly" by a June 12 trial date.

"The defense needs additional time to complete its own investigation of the alleged incident and the surrounding circumstances," the attorneys wrote in a motion filed May 26.

"In the discovery, numerous individuals are named to be potential witnesses with information in this matter; however, none of these individuals were interviewed by law enforcement during the investigation," the defense added. "It is essential that the defense have adequate time to interview the potential witnesses as they possibly have critical information in this matter. It is necessary for defense to conduct its own investigation in order to adequately prepare for trial and effectively represent the Defendant."

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Prosecuting Attorney David Gibbons wrote in a response motion that if the court found a delay necessary, "all of the time encompassed by the continuance should be excluded for purposes of the speedy trial rule."

The defense motion had conceded that a postponement would halt the speedy-trial process until the new trial date.

The judge's decision came during a hearing that also addressed several motions.

Among them was one seeking to prohibit the prosecution from presenting jurors with any evidence concerning pictures of the deceased, pictures taken at the crime scene or any taken in an autopsy that showed blood or wounds. Such pictures "would only serve to inflame the jury and can resolve no disputed factual issue in this cause," the defense argued.

Pearson indicated he would rule on pictures as the case progresses.

The prosecution had said it was "premature" to determine which photographs are admissible at this time.

That said, Arkansas law holds that photographs are admissible "because their probative value is not substantially outweighed by unfair prejudice," the state wrote.

Barefield is free on $850,000 bail.

Under Arkansas law, capital murder is punishable by life in prison without parole or death. The state has said it will not seek the death penalty if Barefield is convicted.

Another judge set bail for Barefield in March after the state waived the death penalty and after defense attorney Patrick Benca said family members of the deceased had asked members of a white supremacist group to harm the defendant in jail.

State Desk on 06/06/2017

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