BENTONVILLE -- Prosecutors have not if they will seek the death penalty against a man accused of killing his live-in girlfriend.
Kevin Wayne Clayborn, 49, of Rogers is charged with capital murder and theft of property. He previously pleaded not guilty to the charges.
He is being held without bond in the Benton County Jail.
Clayborn is accused of killing Misha Rivera. She died from trauma to her head and strangulation, according to a probable cause affidavit.
Clayborn appeared in court today. He was represented by the Benton County Public Defenders Office, but his court- appointed attorneys are now Toney Brasuell and Tony Pirani.
Pirani told Circuit Judge Robin Green that the prosecutor's office had provided some discovery material to them, but they are waiting for more.
The judge rescheduled the hearing for 8 a.m. Aug. 20.
Stuart Cearley, chief deputy prosecutor, told the judge his office has not decided if it will seek the death penalty.
Rogers police began investigating after family members found Rivera's body in her home May 5, according to court documents.
One person told police he read a passage in Rivera's journal about Clayborn having a strange look in his eyes and pushing her, according to the affidavit. Police found the journal in Rivera's home, but one page had been torn from it, according to court documents.
The theft charge involves Rivera's 2006 Volvo XC9 that was missing and later found in Van Buren, according to court documents.
One of Clayborn's former girlfriends told police he came to her home between 1 and 2 a.m. May 4 and said he needed to go to Oklahoma City to be with his daughter who was going to be placed in a mental hospital, according to the affidavit.
The woman drove Clayborn to a convenience store near where she believes his former wife lives, according to court documents.
Members of the Oklahoma City Fugitive Task Force watched for Clayborn at an apartment complex and arrested him.
Clayborn could be sentenced to life imprisonment or the death penalty if he's convicted of capital murder. He could be sentenced to three to 10 years in prison on the theft charge.
NW News on 07/06/2018