Prosecutor: Will seek death penalty in case of dead 11-month-old

Prosecutors plan to seek the death penalty if they win a capital murder conviction against a Rogers man accused of killing an 11-month-old boy, Benton County Prosecuting Attorney Van Stone said.

Michael Proffitt Jr., 38, is charged in connection with capital murder. He could be sentenced to life in prison without parole or the death penalty if convicted. Proffitt is being held without bond in the Benton County Jail.

Proffitt appeared in court Wednesday morning where Stone made the statement concerning the death penalty. Stone’s statement was in response to one of the motions filed by Proffitt’s defense attorneys. The motion requested that prosecutors turn over the list of aggravating factors they have against Proffitt.

Certain aggravating factors must exist in murder cases in order for prosecutor to seek the death penalty.

Stone’s response to Proffitt’s motion lists three aggravating factors:

• The capital murder was committed for the purpose of avoiding or preventing arrest.

• The capital murder was committed in an especially cruel or depraved manner.

• The capital murder was committed against a person whom Proffitt knew or reasonably should have known was especially vulnerable to attack because the person was under 12 years of age or younger.

Circuit Judge Robin Green held Wednesday’s hearing to review several motions filed in the case.

She granted a defense motion to not allowi jurors to see Proffitt in restraints during the trial.

Rogers police arrested Proffitt on June 4 in connection with the boy’s death. Proffitt is accused of killing the boy while watching him for his stepson and his stepson’s fiancee May 30, according to court documents.

The four, including the child, lived at the 8th Street Motel in Rogers after being evicted from their apartment. The child’s mother, Chantel Martinez, told police she noticed bruising on her son after she left him with Proffitt in the past, according to a probable cause affidavit

Proffitt initially told police the child fell off a bed, according to the probable cause affidavit. He later said the infant fell from his bassinet. He also said he shook the child and hit the boy’s head on a dresser, according to court documents.

Dr. Frank Peretti with the Arkansas State Crime Lab said the child suffered a skull fracture on the back of his head, blunt force head injuries and numerous bruises to his face, neck and head, according to court documents.

Proffitt’s defense attorney also filed a motion seeking to suppress statements that he gave to Rogers police.

The defense attorneys — Kent McLemore and Joel Huggins — are currently having their client evaluated by their own expert and Proffitt’s attorneys believe the evaluation could have an impact on the suppression issue.

Huggins told the judge that their expert has spent hours at the jail with Proffitt and is finished with the testing, but they are now awaiting for him to complete all the reports.

Stone told the judge that they may request that Proffitt be sent to the Arkansas State Hospital once they get a chance to review the reports.

The judge scheduled the next hearing for 1:30 p.m. Feb. 26.

Proffitt is being held without bond in the Benton County Jail.

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