BENTONVILLE -- Law enforcement officers may wear their uniforms while attending the jury trial for a woman accused of killing a Pea Ridge police officer.
Benton County Circuit Judge Brad Karren made the ruling Tuesday at a hearing in Shawna Cash's case.
Cash, 23, of Pine Bluff, is charged with capital murder, escape, fleeing, two counts of aggravated assault, leaving the scene of a personal injury accident, criminal mischief, obstructing governmental operations and reckless driving. She pleaded not guilty to the charges.
Prosecutors will seek the death penalty in her case.
She's accused of killing officer Kevin Apple.
Katherine Streett and Lee Short, Cash's attorneys, filed a motion seeking to prohibit law enforcement officers from attending the proceedings in uniform. Streett said the case involves the death of a uniformed police officer.
"We are not trying to limit any law enforcement from attending the trial," she said.
Streett said there could be a uniformed police officer in the courtroom not to provide security, but to show solidarity with Apple. Streett asked that officers who have no role in the courtroom not attend the trial in uniform.
She also asked the judge for permission to film the gallery at the trial for appellate purposes, to show the scene in the courtroom.
Joshua Robinson, deputy prosecutor, objected to officers not being allowed to wear their uniforms.
"The reality is, Ms. Cash killed an on-duty police officer," Robinson said. "That was her victim."
Robinson also objected to filming people in the courtroom.
Karren said there's no easy way to decide who should be wearing uniforms. He said uniformed officers come to his court to have warrants signed and uniformed deputies will be in the courtroom at the trial.
"The courtroom is open to the public, including officers in uniform," Karren said, as he denied the motion.
Streett asked whether, if there's a "blue wall" -- a large number of police officers -- in the courtroom, the defense could raise the issue again at the trial for appellate reasons. Karren said she could bring the issue to the court's attention.
Karren scheduled Cash's jury trial to begin May 30. A motions hearing is set for 8:30 a.m. April 28. The defense has filed a motion seeking to prohibit Dr. Charles Kokes, a medical examiner, from telling jurors Cash deliberately hit Apple.
Karren also denied several standard motions filed in death penalty cases. The judge also denied a defense request to send a supplemental questionnaire to prospective jurors.
Apple and fellow Pea Ridge officer Brian Stamps responded to a call at about 11:30 a.m. on June 26, 2021, to be on the lookout for a Jeep fleeing from Rogers police. They spotted the Jeep at the White Oak Station in Pea Ridge, according to a probable cause affidavit. Cash was in the driver's seat and Elijah Andazola was a passenger, according to court documents.
The two officers parked at both ends of the Jeep, which was parked at the gas pumps, and attempted to speak with Cash and Andazola, according to the affidavit. Cash rammed one of the Pea Ridge police vehicles, then drove over Apple -- dragging him 149 feet -- and fled west on Slack Street, according to court documents.
Apple, 53, was pronounced dead at the scene.
Andazola, 19, is charged with accomplice to capital murder and escape. He pleaded not guilty to the charges.
Prosecutors aren't seeking the death penalty for Andazola. His jury trial is scheduled to begin Jan. 9 in Benton County Circuit Judge Robin Green's court.
Cash and Andazola are being held without bail in the Benton County jail.