BENTONVILLE — Prosecutors will seek the death penalty against a Rogers man accused of killing an 11-month-old boy last year, Prosecutor Van Stone said Wednesday.
Michael Proffitt Jr., 38, is charged 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 a motion filed by Proffitt’s defense team. The motion requested prosecutors turn over the list of aggravating factors they have against Proffitt. Certain aggravating factors must exist in murder cases to seek the death penalty.
At A Glance
Aggravating Factors
Van Stone, Benton County prosecutor, listed three aggravating factors for seeing the death penalty against Michael Proffitt Jr.:
• Capital murder was committed for the purpose of avoiding or preventing arrest.
• Capital murder was committed in an especially cruel or depraved manner.
• 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.
Source: Staff Report
Circuit Judge Robin Green held Wednesday’s hearing to review several motions filed in the case.
She granted a defense motion to not allow jurors to see Proffitt in restraints during the trial.
The defense also filed a motion seeking to prohibit prosecutors, police and subpoenaed witnesses from making any statements to the media concerning the case. Kent McLemore, one of Proffitt’s attorneys, said the case already had received a significant amount of coverage.
Green denied the motion, saying “I’ve been surprised by the lack of media coverage. There’s another case involving a child and it has received greater attention by far.”
Green was referring to the Jersey Bridgeman case. Zachary Holly is accused of kidnapping, raping and killing 6-year-old Jersey. The girl’s body was found in November in an abandoned house in Bentonville. Prosecutors also will seek the death penalty in that case.
The defense also filed a motion to suppress statements Proffitt gave to Rogers police.
Green took under advisement a defense request to allow individual questioning of prospective jurors.
Rogers police arrested Proffitt on June 4 in connection with the boy’s death. Proffitt is accused of killing Santana Martinez while he watched him for his stepson and his stepson’s fiancee on May 30, according to court documents.
The four, including the child, lived at the Eighth 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 had 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.
Defense attorneys McLemore and Joel Huggins have had Proffitt evaluated by their own expert and believe the evaluation could have an impact on the suppression issue.
Huggins told Green their expert had spent hours at the jail with Proffitt and is finished with testing. The expert is finishing his report, Huggins said.
Stone told Green the prosecution may request Proffitt be sent to Arkansas State Hospital in Little Rock once they get a chance to review the defense expert’s report.
Green scheduled the next hearing for 1:30 p.m. Feb. 26.