More Motions For Swain In Prairie Grove Murder Case

Saturday, July 20, 2013

FAYETTEVILLE — An attorney for Heather Carlene Swain filed a flurry of motions Friday challenging evidence, jury selection and the death penalty ahead of her murder trial.

Anthony Allen Swinford, 36, and Timothy William Swinford, 38, along with Swain, 36, and James Patton, 35, face charges of accomplice to capital murder and kidnapping in the beating death of Ronnie Lee Bradley.

All four Prairie Grove residents face either life in prison without the possibility of parole or the death penalty if convicted on the accomplice to capital murder charges and 10 to 40 years or life on kidnapping charges. Sentencing enhancements for being habitual offenders and engaging in criminal group activity would also be possible.

Swain faces an additional charge of tampering with evidence and, if convicted, faces up to six years and a fine of up to $10,000. All are held without bond in the Washington County Detention Center.

Prosecutors haven’t decided whether to seek the death penalty.

Lawyers for all four defendants have been filing motions in advance of a Friday hearing. Several motions filed Friday are specific to Swain, so far.

Bill James, Swain’s defense attorney, filed motions to suppress her statement to police, saying it was illegally obtained because she was not properly advised of her rights. James is asking to suppress evidence from two cellphones, a vehicle and Swain’s home, claiming consent was not obtained prior to the search.

James also filed a motion seeking to prohibit or limit prosecutor’s use of pictures of Bradley’s body.

An arrest report said Bradley, 48, was severely beaten. His body was discovered the morning of Dec. 27 in a driveway near Greasy Valley Road in rural southwest Washington County.

Anthony Swinford told police he beat Bradley and left the body in the driveway. He identified Swain, Patton and Timothy Swinford as accomplices. Anthony Swinford said the four beat Bradley repeatedly at different places across southwest Washington County. Bradley appeared to have been killed before his body was dumped, police said.

The trial is set for Aug. 19 but is expected to be delayed.