Defendants’ trials to be separated

Men charged with capital murder; prosecutors seeking death penalty

Wednesday, October 27, 2010

— Either Nicholas Johansen or Michael Shane Winters will be tried in April on charges of robbing and killing two Bentonville women.

Johansen, 19, of Garfield, and Winters, 29, of Rogers, are 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.

Prosecutors are seeking the death penalty for the killings of Louise Bishop, 81, and Christina Bishop, 40.

Johansen is Christina Bishop’s son and Louise Bishop’s grandson.

Christina and Louise Bishop were reported missing June 18,2009. They were last seen at Sam’s Club in Bentonville. Their bodies were found Feb. 1 in a shallowgrave at 15226 Sugar Creek Road, located between Garfield and Avoca, according to court documents.

Circuit Judge Robin Green issued a ruling Wednesday granting separate trials for Winters and Johansen.

Patrick Benca, one of Johansen’s attorney, told the court of his intention to seek a separate trial for his client. Benton County Prosecutor Van Stone did not object to separate trials.

Green scheduled jury selection to begin April 12 for either Winters or Johansen.

Stone was not ready during Wednesday’s hearing to say which man prosecutors intended to try first.

Stone wanted to wait until he knew more about whether any mental-health issues were brought up by attorneys representing Winters and Johansen.

Stone said mental-health issues could impact which one is tried first.

Green scheduled a suppression hearing for 8:30 a.m. Dec. 15 earlier in Wednesday’s hearing.

Winters’ and Johansen’s attorneys want to suppress statements their clients gave to police.

Green gave Stone until Dec. 15 to decide which man will be tried first. She also gave Benca and Robby Golden, one of Winters’ attorneys, the same date to disclose whether they willuse a mental disease or defect as a defense.

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, according to the affdavit. 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 the two men found $500 and used it to pay Martin’s phone bill. Authorities believe the money came from the women. The men also took jewelry, and Winters gave Martin a watch he stole from the house, according to court documents.

Johansen is being held without bond in the Benton County Jail.

Winters, who was also arrested for a parole violation, is being held in the Cummins Unit of the Arkansas Department of Correction.

News, Pages 7 on 10/27/2010