Judge rejects case transfer to youth court in Conway couple's deaths

CONWAY -- A judge cited text messages and the "aggressive and violent" nature of the crimes Hunter Drexler is accused of in refusing Wednesday to transfer Drexler's capital-murder case to juvenile court.

Defense attorney Patrick Benca declined to comment about the ruling by Faulkner County Circuit Judge Troy Braswell, who has presided over the cases of all four teenagers charged in the slayings of two people.

"I have made it clear on the record that we would appeal and that is our plan," Benca said in a text message.

Drexler, 19, of Clinton is charged as an adult with two counts of capital murder in the July 21, 2015, shooting deaths of Robert and Patricia Cogdell, both 66, at their west Conway home. Drexler was 17 at the time of the killings. He also is charged with two counts each of aggravated robbery, theft of property and abuse of a corpse.

[DOCUMENT: Read order denying transfer to juvenile court]

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Justin Staton, 16, and Connor Atchley, 18, are in prison after taking negotiated guilty pleas to first-degree murder and other offenses. Atchley's girlfriend, Anastasia Roberts, 18, awaits trial and has a court hearing today.

The Cogdells, who had raised Staton as their grandson, had been his legal guardians since 2010 even though genetic testing in 2008 had shown that their son was not Staton's father.

In Wednesday's ruling, Braswell wrote that the disappearance of Drexler and firearms from the home of Drexler's father on the date of the killings, combined with the fact that the guns were later taken to the home of Staton's biological grandfather, "is strong circumstantial evidence that the alleged offenses were committed in a premeditated manner."

Braswell said that was the case even if he were to disregard text messages purportedly exchanged between Staton and Drexler and introduced as state evidence during a recent hearing.

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In a footnote, Braswell quoted from the purported exchange, which took place on the day of the killings. He did not repeat who said which statement, but that was testified to during the hearing:

• Drexler at 7:21 a.m.: "Alright man. I'm getting like a bunch of clips for the pistol. They're already loaded."

• Staton at 4:35 p.m.: "What's the straps look like?" (Strap is a slang term for guns.)

• Drexler: "They're badass. Where should we wait."

Braswell also cited the "aggressive and violent manner" of the slayings. He quoted a state medical examiner's testimony that said Patricia Cogdell was shot seven times and Staton's testimony that her body was loaded onto a tractor, taken to the nearby woods and dumped.

The examiner also said Robert Cogdell was shot six times, all in the head or facial area, the judge noted.

"Further testimony revealed that Mr. Cogdell had his feet tied with an electric cord, was wrapped in a rug, and was dumped in the woods near the edge of the [couple's] property," Braswell wrote.

Braswell said text messages exchanged between Staton and Drexler "convincingly show ... that they discussed the day on which they would commit the crimes, that they needed cash, that they planned on 'busting caps' and bringing firearms in order to carry out the alleged offenses."

Braswell said Drexler's mother, Kimberly Ison, had testified that on the evening of the homicides, her son was missing and she was worried about his safety. She eventually received a text message from him and learned that he was in Texas, where he, Atchley and Roberts were later arrested. Staton was arrested earlier in Conway.

Braswell wrote that Drexler had told his mother, "'I am going where there is no extradition.' 'I can't go home,' and 'I will go to jail if I come.'"

The judge cited testimony by Drexler's family members in concluding that Drexler "was mature, had the ability to control his actions, and could be easily trusted to handle adult situations."

Drexler worked "without incident" at the family's marinas, and his family had trusted him "to have access to thousands of dollars of cash without stealing it," Braswell wrote. Further, his father, Michael Drexler, testified that two firearms identified as being used in the killings were weapons he had given to his son, a minor at the time, the judge wrote.

Drexler could face a maximum sentence of life in prison without parole if he is convicted in the criminal division of circuit court. He likely would face a less-severe sentence in juvenile court.

In a texted statement, Prosecuting Attorney Cody Hiland said, "Obviously, we believe Judge Braswell made the right decision. ... We are anxious to move forward with our prosecution of this case."

State Desk on 02/09/2017

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