BENTONVILLE -- The May jury trial was postponed for a Rogers man accused of killing his live-in girlfriend.
Kevin Wayne Clayborn, 49, is charged with capital murder and theft of property. He previously pleaded not guilty to the charges.
Clayborn's jury trial was scheduled to begin May 3. His attorneys are seeking additional records, so Benton County Circuit Judge Robin Green this morning granted a request to delay the trial.
She plans to set another trial date at a hearing scheduled for 8 a.m. March 14.
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.
One person told police during their investigation of the killing 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 decided if they will seek the death penalty.
The judge today denied a few motions challenging the constitutionally of the death penalty. The motions are routinely filed in death penalty cases.
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 02/09/2019