Death penalty waived in murder case

BENTONVILLE -- Prosecutors won't seek the death penalty against a former police chief charged with killing a man.

Grant Hardin, 48, of Garfield is charged with capital murder, which is punishable with life imprisonment without the benefit of parole or the death penalty. He's charged with killing James Appleton. Hardin is being held in the Benton County Jail without bail.

Stuart Cearley, chief deputy prosecutor, told Benton County Circuit Judge Robin Green at a hearing today he will not seek the death penalty.

Appleton, 59, of Gateway was shot in the head while he sat in his parked pickup Feb. 23, according to court documents. Gateway Mayor Andrew Tillman, Appleton's brother-in-law, was on the phone with him when he was shot, according to court documents.

A witness told deputies he saw a white car behind Appleton's pickup, according the probable cause affidavit. The man said he saw the driver of the car and said he heard a loud bang after he passed the two vehicles, according to court documents. The man said he turned around and saw Appleton's body, according to the affidavit.

The man told police the driver of the car was Hardin, according to court documents. The man said he has known Hardin all of his life and Hardin worked for the Gateway Police Department, according to the affidavit.

County records show Hardin served two terms as constable for Benton County District 1 from 2009-10 and 2013-14. Hardin worked as police chief for Gateway, and he also worked for Northwest Arkansas Community Correction Center in Fayetteville, according to court documents.

Shane Wilkinson, Hardin's attorney, filed a motion last week to suppress statements Hardin gave Sheriff's Office detectives. The motion claims any statements obtained from Hardin were in violation of his Fifth Amendment privilege against self-incrimination.

Wilkinson previously filed a motion to suppress evidence based on the validity of a nighttime search warrant.

A hearing on both motions is set for Oct. 11.

NW News on 09/07/2017

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