A local man charged with the March 10 fatal shooting of a Hot Springs police officer has pleaded not guilty to capital murder and his attorney has indicated he intends to maintain a defense of not guilty by reason of mental disease or defect.
Kayvon Moshawn Daking Ward, 21, the alleged shooter, and Coraima Hernandez, 20, are each charged with capital murder, punishable by life in prison or death, and aggravated assault on a law enforcement officer, punishable by up to life in prison.
Ward appeared Tuesday in Garland County Circuit Court with his attorney, Willard Proctor Jr., of Little Rock, to enter his pleas to those charges and possession of a defaced firearm, punishable by up to six years, in connection with the death of HSPD Officer 1st Class Brent Scrimshire.
Ward also entered a plea of not guilty by reason of mental disease or defect to an unrelated felony charge of first-degree battery, punishable by up to 20 years, stemming from a shooting incident in August 2019, which was filed directly to circuit court on Monday.
Hernandez appeared Tuesday with her court-appointed attorney, Mark Fraiser, to enter her pleas of not guilty to charges of capital murder and aggravated assault on a law enforcement officer.
Garland County Prosecuting Attorney Michelle Lawrence indicated on Friday she intends to seek the death penalty against Ward and Hernandez, who allegedly interfered with the officer prior to the shooting.
The affidavits against Ward and Hernandez in Scrimshire's death were filed under seal per a court order issued March 12 by Circuit Court Judge Marcia Hearnsberger, who also issued a gag order on Friday limiting pretrial publicity in the case.
All further court proceedings against Ward are suspended pending his mental evaluation and the court order notes the director of the Division of Aging, Adult and Behavioral Health Services shall provide a qualified psychiatrist or psychologist to conduct the examination.
Proctor filed multiple motions on Tuesday, including a motion to suppress any statements Ward made after his arrest, arguing the statement was in violation of Ward's Fifth Amendment right to remain silent and the interrogation followed an arrest "which was illegal as the police did not have probable cause to arrest or detain" Ward.
According to a news release issued last week by Lawrence, on March 10, around 6:30 p.m., Scrimshire conducted a routine traffic stop on a red Nissan Xterra in the 100 block of Kenwood Street after noting the vehicle failed to stop at a stop sign at Hobson and Linwood avenues.
Scrimshire made contact with the driver, later identified as Ward, and noted there was a small child, around 2 years old, in the rear of the vehicle who was not in a child safety seat. Scrimshire asked Ward for his driver's license and current proof of insurance and asked him to contact someone to retrieve the child or bring a car seat for the child.
Ward reportedly provided a false name and date of birth at that time. Officer Anthony Larkin arrived to assist Scrimshire and a few minutes later, Hernandez arrived on the scene. The officers asked her what the driver's name was, but she would not provide his name, the release said.
Ward began attempting to exit the vehicle as the officers were speaking with Hernandez. The officers attempted to take Ward into custody, but he allegedly told them three different times "they were not going to arrest him" and resisted arrest and began "actively fighting both officers."
Hernandez allegedly began pulling and pushing on the officers and yelling at them to leave Ward alone. Larkin then told Hernandez to get off him and had to use his arm to push her off, allowing Ward to break free and run into a nearby yard.
Once in the backyard, Ward allegedly fired multiple shots at Scrimshire and Larkin and one of the shots struck Scrimshire in the upper torso above his bulletproof vest. Both officers then returned fire striking Ward.
Hernandez allegedly got into the driver's seat of the Nissan and fled the scene of the incident once the shots were fired. A defaced firearm was recovered from underneath Ward.
Both Scrimshire and Ward were transported by LifeNet to local hospitals where Scrimshire was later pronounced dead.
According to the affidavit on the first-degree battery charge against Ward, released Tuesday, on Aug. 18, 2019, shortly before 3 p.m., Hot Springs police responded to National Park Medical Center regarding a shooting victim and learned he was reportedly shot on Garden Street.
Officers responded to the area and made contact with a female witness in front of 356 Garden St., the listed residence of Ward, who reportedly confirmed there was a shooting inside the residence. She said Zachary Barnett had come over to the residence and walked back toward Ward's bedroom.
She said moments later she "heard a pop" and when she looked toward Ward's room she could see Barnett on the floor and Ward standing over him holding a black handgun. She said Barnett got up and ran out of the house and Ward "shut himself in his bedroom."
Officers spoke to Barnett at the emergency room and noted he had a single gunshot wound to the right side of his upper torso that doctors stated was non-life-threatening. Barnett reportedly stated he had gone to the Garden Street residence to pick up his son and while there walked to a back bedroom.
Once there, Ward opened the door and shot him "for an unknown reason," he said, noting he then fled and was taken to NPMC.
Ward was also scheduled to be arraigned Wednesday in Garland County District Court on a misdemeanor charge of third-degree battery stemming from an alleged incident on July 10, 2019, also at Ward's residence.
According to the affidavit, released Tuesday, Carlos Brewer said he was leaving the residence and getting into his car when Ward came up and "hit me in the head with his fist," causing bleeding and swelling to his left ear. Brewer noted it was unknown why Ward attacked him.
Proctor previously represented Eric Allen Reid, 57, of Hot Springs, who was convicted March 2, 2018, on two counts of capital murder for the Oct. 19, 2015, shooting deaths of his wife and daughter, and sentenced on March 6 to death by lethal injection after a five-day trial in Garland County Circuit Court.
Local on 03/19/2020