BENTONVILLE — A medical examiner told jurors Thursday, Feb. 3, that Randall Walker was alive when a fire was started in his bedroom.

Dr. Frank Peretti, an associate medical examiner and forensic pathologist for the Arkansas Crime Laboratory, testified during Broderick Laswell’s murder trial.

Laswell, 22, of Farmington is charged with capital murder and aggravated robbery. Prosecutors are seeking the death penalty.

Walker’s body was found Aug. 30, 2007, in his burned residence on Beaver Hollow Road near Garfield.

Laswell and Brandon Lacy, 31, were arrested in connection with the 47-year-old man’s death. Lacy has been convicted of capital murder and aggravated robbery. He was sentenced to death.

Soot was not found in Walker’s air passage, but Peretti determined Walker’s carbon monoxide level was 15 percent, which could have been the combination of Walker being a smoker and taking a few breaths as the fire burned.

“I’ve been doing this 15years and I’ve never seen 15 percent,” Peretti said.

Peretti told jurors Walker may have been near death, but was still alive when the fire began.

Peretti testified Walker’s body had three distinct injuries - blunt force, stabs wounds and a cutting wound. Peretti told jurors there were six impact sites to Walker’s head, predominantly to his face.

According to Peretti, all of Walker’s facial bones and the top of his skull were shattered. The base of Walker’s skull was also shattered, Peretti said.

Peretti told jurors Walker had five stab wounds to his chest. Four of the wounds were in the left upper chest and a single wound was to the other side of his chest.

The four stab wounds were close together and straight down. Peretti said both factors indicated a lack of struggle.

The final injury was a cutting wound to Walker’s neck. “In my opinion, it’s the last wound and he’s dying at that stage,” Peretti said.

Peretti said each of the injuries without the other would have caused Walker’s death.

“So through all three wounds, Randy was alive ?”asked Van Stone, Benton County prosecutor.

“Yes,” the medical examiner testified.

Peretti said Walker could not have walked with the head injuries he suffered.

The medical examiner also said Walker probably could not have talked since Peretti found teeth in Walker’s voice box and larynx.

Jurors have heard testimony Lacy hit Walker with a fireplace poker, shovel and tongs, while Laswell hit Walker twice with a weight bar. Tim Buckley, one of Laswell’s attorneys, wanted to know whether the fireplace poker could have caused the injuries to Walker’s head. Peretti said the poker could have caused Walker’s injuries and that the poker would be bent.

He said the poker in a photograph shown to him by Buckley was bent.

Buckley questioned Peretti about whether smoke was found in Walker’s nasal passages or lungs. Peretti did not find smoke in either.

Laswell’s attorney wanted to know whether the best evidence of smoke being in the body is if smoke was found in Walker’s air passages.

“Correct,” Peretti replied.

Buckley also questioned the medical examiner about whether Walker could have lived for minutes after all the injuries.

According to Laswell’s statement, Lacy went to retrieve the gasoline after cutting Walker’s throat.

Peretti said Walker probably was near death.

The trial was to resume at 9:30 a.m. Feb. 4, but was delayed again by snow that rolled into the area Feb. 1.

The trial was supposed to resume after a weekend break.

Prosecutors are close to wrapping up their case.

One of their last witnesses is expected to be Dr. Frank Perretti, a medical examiner with the Arkansas Crime Laboratory in Little Rock.

Prosecutors are seeking the death penalty.

Brandon Lacy, 31, was convicted of capital murder and aggravated robbery for his role in the crime. He received the death sentence.

Lacy beat the 47-year-old Walker with a fireplace poker, stabbed him in the chest and cut his throat.

Lacy also set fire to Walker’s bedroom.

Laswell is accused of hitting Walker twice with a weight bar. He is being held without bond in the Benton County Jail.

On the Record, Pages 3 on 02/09/2011