BENTONVILLE — Darin Michael Etherton is fit to stand trial in connection with the murder of Brent Test, according to a decision by Circuit Judge Jon Comstock on Wednesday, Oct. 26.
Etherton, 27, of Pea Ridge is charged with capital murder.
Proceedings in the case were suspended in September after Circuit Judge Jon Comstock ordered Etherton to undergo a mental evaluation at Ozark Guidance.
The evaluation found Etherton has the capacity to assist in his own offense, according to court documents. The evaluation also determined Etherton did not have a mental disease or defect.
Etherton was diagnosed with methamphetamine dependence, cannabis dependence and Adderall abuse, according to court documents. Etherton also has a history of inhalant and alcohol abuse.
Etherton also was diagnosed with an unspecified psychotic disorder, but it is secondary to methamphetamine intoxication and dependence, according tocourt documents.
Comstock found Etherton is fit to stand trial.
Etherton was arrested July 21. He is accused of shooting Test, 25, in the head.
Rogers police were called to 1309 E. New Hope Road at 3:23 p.m. May 20 for a report of an unconscious man with a head injury, according to a probable cause affidavit filed Aug. 18.
Brian Hanna, Rogers police detective, said he arrived on the scene as paramedics were taking Test out of the home on a stretcher. Test had possible blunt force trauma to the head and was taken to Mercy Medical Center in Rogers, according to court documents.
Cenia Duvall, Test’s roommate, told police she found the front door of the residence open when she returned from work. She found Test lying on the floor between the couch and coffee table. Duvall said she saw Test was bleeding and ran to a neighbor’s house for help, according to the affidavit.
Hanna learned from fellow detective Mike Lira that an emergency room doctor said Test had two gunshot wounds to the head.
Hanna stated in the affidavit several people he interviewed told him Test and Etherton “had a physical altercation at Test’s residence” about four weeks before Test was shot.
Five other people interviewed also said they saw Etherton with a silver-colored revolver, according to the affidavit. Hanna said Raymond Coat told police Etherton and another man placed some guns behind the privacy fence at Coat’s residence.
Police recovered two rifles from Coat’s residence and identified them as guns reported stolen in a residential burglary in Pea Ridge.
A stainless steel .22-caliber Ruger Bearcat revolver also was reported stolen in the burglary, according to court documents.
Tests done at the Arkansas State Crime Lab on a bullet removed from Test’s head were consistent with others having been fired from a Ruger B Bearcat revolver with a stainless steel barrel, Hanna said.
Hanna also stated in the affidavit Etherton was observed yelling while in the recreation yard of the county jail by Cpl. Justin Crane of the Benton County Sheriff’s Office. Hannastates Crane told him Etherton was yelling “these voices in my head, I shot Brandon Tess (sic) in the head.” Hanna said Crane asked Etherton what he said for clarification and Etherton said “I murdered him, and I shot him in the head, twice.”
Etherton attorney Drew Miller has filed a motion seeking to suppress Crane’s statements and other evidence collected by police.
The suppression hearing is scheduled for 1:30 p.m. Nov. 21.
Etherton was also arrested May 26 and later charged in connection with possession of firearms by certain persons, a Class B felony, and theft by receiving, a Class C felony.
According to court documents, Etherton has previously been convicted of a felony involving violence, and he is accused of being in possession of five stolen guns.
Etherton could be sentenced to life imprisonment or given the death penalty if convicted of capital murder. Prosecutors have not decided whether to seek the death penalty.
Etherton is being held without bond in the Benton County Jail.
News, Pages 6 on 11/02/2011