No bail set, gag order issued in SAU case

Southern Arkansas University in Magnolia.
Southern Arkansas University in Magnolia.

MAGNOLIA -- Four men remain jailed without bail Monday after their first court appearance since the Aug. 11 fatal shooting of a Southern Arkansas University student.

Details about what led to the shooting remained scarce after the judge in the case, David W. Talley Jr., issued a gag order during Monday's arraignment hearing, which barred attorneys from both sides from publicly discussing the case.

"I'm just watching out for both sides," Talley said.

He added that the order was necessary to "let this case proceed properly" and that he didn't want any "extraneous information leaked out there."

Odies Wilson, 21, of North Little Rock; Le'Kamerin "Kam" Tolbert, 20, of Little Rock; Shaivonn "Shakey" Robinson, 19, of Vacherie, La.; and Quincy Lewis, 19, face charges of capital murder and aggravated robbery. If convicted, they could face the death penalty.

All four men were arrested Friday in connection with the shooting death of Joshua Smith, 21, an engineering student who was starting his senior year at the university, school officials said.

A second student was injured in the campus shooting, but was hospitalized in stable condition, according to the university. His name has not been released.

Three of the suspects -- Wilson, Tolbert and Robinson -- were associated with the Southern Arkansas football program, officials said.

Wilson was still enrolled as a student at the university and is an ex-player. Tolbert was on the roster as a redshirt sophomore linebacker for the Muleriders and Robinson was a sophomore defensive back, according to the athletic department.

Lewis is not a student at the school.

Talley said he was withholding bail from the defendants due to the "seriousness of the offenses."

If the charges for any of the defendants are lowered at a later date, a new bail hearing would be scheduled, he said. They are being held at the Columbia County jail.

University athletic department officials said in a statement Monday that the men were no longer on the football team.

"Mulerider Athletics is devastated by the tragedy that occurred last week and sends our heartfelt thoughts and prayers to the family of Joshua Smith and to the student who was injured during the incident," the athletic department's statement said.

Head football coach Bill Keopple also offered condolences in a written statement.

"I, along with the entire Mulerider Football staff, am heartbroken over this devastating loss and that former members of our football team are suspects in the case," he said. "Our thoughts and prayers are with the family of Joshua Smith as well as those who have been affected by this terrible act of violence."

The defendants made no statements during their first appearances in court aside from answering a few of the judge's procedural questions. Each man, dressed in a jumpsuit and shackled at the wrists and ankles, was called into the courtroom individually.

Relatives of the victim were seated in the courtroom at the Columbia County Justice and Detention Facility. At one point, Magnolia Police Chief Todd Dew walked over to the family members and briefly spoke to them.

Relatives of each defendant also were in the courtroom.

Wilson was the only defendant who hired an attorney. The others had attorneys appointed to them.

The Columbia County sheriff's office and Magnolia Police Department referred all calls about the shooting to the Southern Arkansas University Police Department. A patrol officer who answered the phone Monday referred all calls to the prosecuting attorneys in the case, Ryan Phillips and Ryan Rainwater.

Phillips requested the gag order during Monday's hearing. He told the Arkansas Democrat-Gazette before the hearing that the gag order was forthcoming and that he wouldn't be permitted to answer questions about the case.

The probable-cause affidavit, which was submitted to the court Monday, was not made available.

Donna Allen, a university spokeswoman, also said Monday that no new information could be released.

The shooting occurred shortly after 12:30 a.m. in the parking lot in front of the Donald W. Reynolds Campus and Community Center, according to a statement from the school. Smith was pronounced dead at the scene.

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