Motion seeks to quash charge in Springdale murder case

Antoine Jackson
Antoine Jackson

FAYETTEVILLE -- Lawyers for a man police say fatally shot a woman in the head at her Springdale apartment filed a flurry of motions Friday including a request to toss the felony information in the case and suppress a statement to police.

Antoine Jackson, 30, of North Little Rock is charged with capital murder.

Legal Lingo

Quash

To nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures.

Source: uslegal.com

Emily Nash, 28, was found dead May 27, 2014, in her apartment at 802H Bailey Ave., according to a police report. She had gunshot wounds to her head and hand.

The state Crime Laboratory found fingerprint and DNA evidence putting Jackson at the crime scene, according to police. That evidence was found on the gun and Nash's body.

Jackson's attorney, Pat Benca, filed about a dozen motions Friday in Washington County Circuit Court. Benca argues the felony information for capital murder filed in the case unconstitutionally overlaps the state's first-degree murder statute and should be thrown out. He also argues a statement Jackson gave to police should be suppressed because there was no probable cause for Jackson's arrest and Jackson wasn't properly advised of his rights.

Police have said Jackson told them he choked Nash during an argument.

Another motion asks Circuit Judge Mark Lindsay to prohibit prosecutors from telling jurors the death penalty has been waived in the case. Punishment is not to be discussed in the guilt phase of the trial, according to the motion.

Most of the motions are routine for capital cases but a couple do stand out, including a motion to prohibit prosecutors from calling the defense team "Little Rock lawyers," "big city lawyers" or any similar descriptions. Another seeks to prohibit broadcasting, recording or photographing the proceedings.

Jackson has a motion hearing set for May 8.

Nash's family told police Jackson was Nash's boyfriend, according to police reports. He lived with Nash, but police didn't find anything belonging to Jackson when they searched the apartment.

Jackson was arrested May 29, 2014, by police in Little Rock in connection with possession of marijuana and parole absconder warrants, according to the report.

On May 30, 2014, Jackson was booked into the Washington County Detention Center on suspicion of violating parole related to drug and other misdemeanor offenses, according to online jail records and police documents. Jackson was being held in the jail in November 2014 when he was charged in Nash's death.

An unnamed source told police Jackson threatened to shoot Nash two days before Nash was found dead, according to the report.

Jackson said in a jailhouse interview in August he didn't kill Nash. He said he and Nash were longtime friends. He said he moved out three nights before Nash's death.

NW News on 03/11/2017

Upcoming Events