FAYETTEVILLE -- The attorney for a man charged with capital murder in the shooting death of his father in rural Washington County is asking that jurors be given more sentencing options if the case goes to trial.
Samuel Robert Hill, 27, is accused of killing Allen Hill, 61, at the elder Hill's house on Whitehouse Road near Elkins the night of Aug. 20, 2014. The case is set for May 16 before Circuit Judge Mark Lindsay.
Samuel Hill pleaded not guilty to capital murder and aggravated assault on a family or household member. A mental exam at the Arkansas State Hospital found Hill competent to stand trial.
In a motion filed late Friday, John Baker, Samuel Hill's attorney, said the death penalty has been waived in the case and asked the judge to instruct the jury there is only one remaining penalty for capital murder -- life in prison without the possibility of parole -- but that there is a wide range of punishment available for first-degree murder, including life in prison.
"Failure to instruct the jury in the case in chief leaves the jury open to the possibility of concluding that the only way they can consider giving the defendant life imprisonment is with the conviction of capital murder when in reality life imprisonment is a possible sentence for first-degree murder as well," according to the motion. "If the defendant were to be convicted of capital murder then he would be deprived of the opportunity of putting on mitigating circumstances, which could possibly result in a sentence to a term of years for first-degree murder rather than life."
Samuel Hill went to his parents' home and shot Allen Hill, left and returned a short time later and fired more shots into the house, according to police reports. Allen Hill was shot multiple times in the chest and died at Washington Regional Medical Center in Fayetteville.
Roberta Hill told police her son, Samuel Hill, shot her husband during an argument at their home.
Samuel Hill was treated at the hospital for a gunshot wound to his hip, which he received in the altercation with his father, according to an arrest report.
Samuel Hill is being held without bond at the Washington County Jail, which is typical in capital murder cases.
NW News on 04/09/2016