BENTONVILLE -- A suppression hearing next month will decide whether evidence should be excluded from a capital murder trial.
Grant Hardin, 48, of Garfield is accused of shooting and killing James Appleton, 59, on Feb. 23. Hardin faces life imprisonment without parole or a death sentence if convicted. Prosecutors haven't announced whether they will seek the death penalty.
Hardin has pleaded not guilty and is being held without bail in the Benton County Jail.
Shane Wilkinson, Hardin's attorney, questions whether Benton County Sheriff's Office detectives had the authority to collect some evidence at night.
Detective James Chamberlain obtained a warrant to search a white Chevrolet Monte Carlo at 15616 Gann Ridge Road in Garfield at 3:38 a.m. Feb. 24. The warrant, signed by Benton County Circuit Judge Brad Karren, was served at 4:30 a.m., according to Wilkinson's motion.
The law requires a factual basis or written explanation for a nighttime warrant, and the Sheriff's Office's warrant didn't have that explanation, according to Wilkinson's filing.
His motion seeks to suppress blood swabs taken from the hood of Hardin's car and other evidence seized from the vehicle.
Benton County Circuit Judge Robin Green scheduled a suppression hearing for 1:30 p.m. July 20.
General News on 07/05/2017