FAYETTEVILLE — A father accused of killing his two infant sons pleaded not guilty to two counts of capital murder Wednesday.
Travis Wayne Fox, 24, of Springdale, is charged in the shaking death of his sons. He faces life in prison or the death penalty if convicted. John Threet, Washington County prosecutor, said he hasn't yet decided whether to pursue the death penalty.
Police investigated the September 2011 death of Fox’s 6-month-old son, Travis Wayne Fox II, but didn’t have enough evidence to make an arrest, according to a probable cause affidavit filed in the case. That changed after the death of Fox’s 7-month-old son, William, on March 13.
According to Springdale police, Fox admitted shaking the first baby in 2011 and tossing him in a chair. The incident happened in West Fork. A medical examiner’s report revealed the 6-month-old had multiple superficial recent and healing injuries.
Fox also confessed to shaking the 7-month-old for 15 to 20 seconds because the baby was fussing, according to the affidavit.
Police said Fox told them he had anger management issues and he had been drinking before both incidents.
Randall Galloway, deputy coroner, was called for William’s death. Galloway recognized Travis Fox’s name from the 2011 case.
Fox was initially arrested on first-degree murder charges, but prosecutors opted to file the more serious capital murder charges. Threet said after talking with investigators with Springdale police and the Washington County Sheriff’s Office, he determined the circumstances of the deaths met a definition of the state’s capital murder statute, manifesting an extreme indifference to the value of human life and knowingly causing the death of someone younger than 16.
Fox is being held without bond in the Washington County jail while awaiting trial. The case is set for June 19, but that date is likely to change as each sides prepare.
Fox has prior felony convictions in Benton and Washington counties for theft, misdemeanor battery and alcohol and drug charges.