BENTONVILLE -- Defense attorneys said today they plan to challenge the finding that Patrick Malone is mentally OK to be tried in his mother's death.
Malone, 21, of Garfield is charged with capital murder in Christel Malone's shooting death.
Proceedings in his case were suspended in December after Malone was ordered to undergo a mental evaluation. He was in court today for a status hearing.
Kevin Lammers, Malone's attorney, told the judge they had received the results of the evaluation from the Arkansas State Hospital. Lammers said his client was found fit to stand trial by the State Hospital, but an expert hired by the defense disagrees.
Lammers requested a competency hearing to determine whether Malone is fit to stand trial. He still needs data from the State Hospital, so he could provide it to their expert, he added.
Stuart Cearley, chief deputy prosecutor, said he expects Lammers to receive the data within the next few days.
Circuit Judge Robin Green scheduled the competency hearing for 8 a.m. July 9.
Benton County Sheriff's Office deputies went to 16912 Ridge Road about 3 p.m. July 31 after Danny Malone called 911 and said his son shot and killed his wife. He also said his son is mentally ill, according to the probable cause affidavit.
Deputies found Christel Malone, 44, dead from gunshot wounds. Patrick Malone was arrested at the home. Deputies found a .410 Taurus Judge gun in a holster on the dining room table, according to the affidavit.
Malone told sheriff's Detective Alison Nguyen he began to think about names his mother had called him. He described his mother as evil and said the two hated each other, according to the affidavit. Malone said he walked into a bedroom and shot his mother when she turned and looked at him, according to the affidavit.
Prosecutors waived the death penalty, so Patrick Malone will be automatically sentenced to life imprisonment if he's convicted of capital murder.
Patrick Malone is being held in the Benton County Jail on a $250,000 bond.
NW News on 05/15/2018