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story.lead_photo.caption Kevin Wayne Clayborn

BENTONVILLE -- An attorney for a Rogers man accused of killing his live-in girlfriend asked to reschedule his client's February trial.

Kevin Wayne Clayborn, 49, has pleaded not guilty to charges of capital murder and theft of property. He was in court this morning for a motions hearing.

Clayborn, who is being held without bond in the Benton County Jail, is accused of killing Misha Rivera. She died from trauma to her head and strangulation, according to a probable cause affidavit. Family members found Rivera's body in her home May 5, according to court documents.

The trial was scheduled for Feb. 5.

Tony Pirani, one of Clayborn's attorneys, told the judge the defense needs more time because a mental health expert is evaluating Clayborn.

Benton County Circuit Judge Robin Green reset the trial to May 3.

One person told police during their investigation of the killing that 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, which was missing and later found in Van Buren, according to court documents.

Prosecutors have not waived the death penalty in the case. Green denied some motions at today's hearing related to the death penalty.

Clayborn's attorneys filed a motion seeking to question each prospective juror individually. The judge denied the motion and said potential jurors will be questioned three at a time.

Clayborn could be sentenced to life imprisonment or death 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 11/10/2018

Print Headline: Jury trial delayed in murder case

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