Death penalty sought for son/grandson

— Prosecutors will seek the death penalty for two men accused of killing two Bentonville women.

Nicholas Johansen, 19, of Garfield, and Michael Shane Winters, 19, of Bentonville, are each charged with two counts of capital murder and two counts of aggravated robbery. The two could be sentenced from 10 to 40 years or life for each count of aggravated robbery and could receive a sentence of life in prison or death for the murders, if convicted.

Benton County Prosecuting Attorney Van Stonesaid Monday his office will seek the death penalty for both men. Stone listed four aggravating factors for seeking the death penalty. At least one of 10 aggravating factors must be proven to a jury before a death sentence can be imposed.

The four aggravating factors Stone believes are present in the case are:

◊The crime was committed for monetary gain.

◊The crime was committed in an especially cruel or depraved manner.

◊More than one person was murdered during the same criminal episode.

◊The crime was committed to avoid arrest.

Court documents claimWinters and Johansen robbed and murdered Louise Bishop, 81, and Christina Bishop, 40. Johansen is Christina Bishop’s son and Louise Bishop’s grandson.

Christina Bishop and her mother, Louise, had been missing since June 18, 2009, when they were last seen at Sam’s Club in Bentonville.

Their bodies were found Feb. 17 in a shallow grave at 15226 Sugar Creek Road, located between Garfield and Avoca, according to court documents.

Defense attorneys for both men have filed motions asking that prosecutors be prohibited from seeking the death penalty and asking that the punishment be declared unconstitutional. The motions are common in capital murder cases.

Johansen and Winters both appeared in court Monday.

Little Rock attorney Patrick Benca, who represents Johansen, told Circuit Judge Robin Green he also plans to file a motion to suppress evidence in the case. Benca did not specify what evidence. The judge gave him three to four weeks to file his motion.

Benca also said he plans to file a motion seeking separate trials for Johansen and Winters. Fayetteville attorney Steve Vowell is assisting Benca with Johansen’sdefense.

Little Rock attorney Robby Golden, who represents Winters, said he also may file additional motions. Fayetteville attorney Drew Ledbetter is assisting Golden with Winters’ defense.

Green scheduled a hearing on the motions for 1:30 p.m. Oct. 20.

Court documents claim Susan Martin, Johansen’s half sister and Winters’ girlfriend, provided information to police that led to the discovery of the bodies.

The two men rode Johansen’s motorcycle to Louise Bishop’s house at 2910 S.E. J St. in Bentonville from their residence on Sugar Creek Road on June 18, accordingto the affidavit. The women were killed at the J Street home, and their bodies were taken to the Sugar Creek location and buried, according to court documents.

Police found purses belonging to the women in a wooded area on the Sugar Creek property. Winters led police to the women’s bodies, according to court documents.

Winters told Martin they found $500 and used it to pay Martin’s phone bill. Authorities believe the money came from the women.

The pair also took jewelry, and Winters gave Martin a watch he stole from the house, according to court documents.

News, Pages 15 on 08/25/2010