HOT SPRINGS -- A man charged with capital murder in a shooting outside a gas station just over a year ago is mentally fit to proceed with trial.
If convicted, Lindaniel West, 40, could face up to life in prison without parole or the death penalty for the Aug. 7, 2017, shooting death of Derek A. Duvall, 29, at the Valero gas station at 1201 Central Ave. A disposition hearing is scheduled for Sept. 24.
A warrant for West's arrest was issued Aug. 8, 2017, and he surrendered to authorities Aug. 23, 2017. A gag order limiting pretrial publicity in the case was issued Oct. 13, and West pleaded innocent Oct. 23.
West also faces a felony count of aggravated assault stemming from an incident on July 18, 2017, weeks before the shooting. West struck another man, Willis Duvall, 32, with his vehicle after an argument between the two, according to court documents. Willis Duvall is the brother of Derek Duvall.
A warrant on the assault charge, punishable by up to six years in prison, was issued Aug. 30, 2017, and West was arrested Sept. 1, 2017, while he was in custody from his arrest on the capital-murder charge.
A mental evaluation on the assault charge was ordered April 4, and West is scheduled for a hearing Oct. 2 to determine if he is fit to proceed.
According to the probable-cause affidavit on the capital-murder charge, Hot Springs police responded shortly before 9 p.m. Aug. 7, 2017, to the gas station and found Derek Duvall lying dead on the ground with a gunshot wound in his chest.
Video surveillance showed a man approach Derek Duvall and appear to raise his shirt, reach into his waistband, and then shoot Duvall in the chest, according to the affidavit.
Duvall ran away and the shooter walked away and got into a dark Cadillac that left the scene. The affidavit notes that Willis Duvall told detective Mark Fallis he was at the station with his brother.
Willis Duvall said he was inside paying for a purchase when he looked outside and saw West shoot his brother and flee in a Cadillac, the affidavit said. Willis Duvall said he has known West, described as a "distant relative," for many years and knew him to drive a Cadillac like the one seen leaving the scene.
State Desk on 08/29/2018