Death Penalty Still In Play In Capital Murder Case

— Prosecutors have not decided whether to seek the death penalty against a Bentonville man accused of killing his wife.

Perry Dennis Davis Jr., 50, is charged with capital murder and kidnapping. Davis faces life in prison without parole or the death sentence if convicted of capital murder. The kidnapping charge is punishable with a prison sentence ranging from 10 to 40 years or life in prison.

Davis appeared in court Monday morning for a hearing in his case.

Benton County Prosecuting Attorney Van Stone said following the hearing his staff had not yet reached a decision concerning the death penalty.

Davis’ next court appearance is set for 9 a.m. April 11. He was arrested Nov. 8.

Circuit Judge Brad Karren appointed Madison Aydelott III and Benton County Chief Deputy Public Defender Jeanette McKinney to represent Davis at Monday’s hearing. Aydelott is with the conflict and appellant division of the Arkansas Public Defender Commission.

Fayetteville attorney Ray Niblock stood with Davis at his arraignment, but Niblock informed the court Davis may not have any assets to pay for his defense.

Davis previously pleaded not guilty to the charges.

Davis is accused of killing his 44-year-old wife, Kelly. Police believe Davis shot himself after shooting his wife. Police were called to the couple’s home at 804 S.W. Ouachita Drive in Bentonville at 5:21 p.m. Aug. 19 in connection with a domestic disturbance.

Kelly Davis’ body was found in the home when police entered almost five hours after an initial 911 call from her. Police moved in after Perry Davis called 911, claiming he’d been shot and needed assistance. Police aren’t releasing the 911 calls in connection with the incident.

Police found Perry Davis on the master bedroom floor with a gunshot wound to his face, according to court documents. Kelly Davis was found dead on the master bedroom floor. An autopsy later found she suffered two gunshot wounds in the left arm and abdomen, according to court documents.

Perry Davis was hospitalized for several weeks because of the gunshot to his head. Court documents state he has a prefrontal lobe injury from the wound, is now blind and has retrograde amnesia.

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