The Bentonville attorney representing murder suspect Baxter Stowers has filed motions requesting that the case be transferred to juvenile court.
Stowers is charged with first-degree murder in the shooting death of then 41-year-old Jeremy Wayne Alman of Salesville in early October 2020. Stowers was 17-years-old at the time.
Judge Gordon Webb signed an order for psychological examinations last month, also at defense attorney Shane Wilkinson’s request.
The exams are being done to determine Stowers’ fitness to proceed in his case and if he can be held criminally responsible for his acts.
Judge Webb is retired and presiding over the Stowers case on assignment by the State Supreme Court. He has been given six cases in Baxter County.
The assignment was made so Judge Webb could assist in working through the significant docket congestion brought on by the effect on court operations of the COVID-19 pandemic.
MOVE TO JUVENILE COURT?
Wilkinson is asking consideration be given to moving Stowers’ case to juvenile court, or transferring the case and designating it for Extended Juvenile Jurisdiction.
Extended Juvenile Jurisdiction designation has many parts, including giving a court power to try offenses not ordinarily dealt with by that court, and the option of using blended sentencing.
Wilkinson asked for a hearing on his motion within 90 days of its Feb. 16 filing date.
After the hearing is held, Wilkinson requests that the court make written findings on 10 issues.
The issues include the culpability of the juvenile – dealing with his level of planning and participation in the alleged offense.
Another issue to be addressed is the previous history of the juvenile to cover such areas as whether the person has ever been adjudicated a juvenile offender, and to note any previous history of antisocial behavior or patterns of physical violence.
The court is also asked to determine whether there are facilities or programs available to the judge of the juvenile court that are likely to rehabilitate the juvenile before his 21st birthday.
Wilkinson writes, “It is a cornerstone of American jurisprudence that juvenile offenders are less culpable than adult criminals and should be treated differently to afford them a path toward rehabilitation rather than outright condemnation and disregard.”
According to electronic court records, no hearing date has been set on the motion.
Normally, no action is taken on a case when psychological examinations are pending and a report on the examinations is received.
THE MURDER
Stowers himself called 911 about 2 p.m. Oct. 5, 2020 and reported he had shot and killed another male at an address along County Road 111.
When deputies responded, they found Stowers waiting for them in the driveway with his hands up
He was described as wearing red and white Nike shoes, blue jeans and a St. Louis Cardinal logo shirt and to have been holding a wallet and cellphone in his hand.
Alman’s body was found lying on a concrete floor between the front entrance to the residence and a door leading to a screened-in-porch. He was reported to have a gunshot wound to the head just behind and above his left ear. Investigators said there also appeared to be a wound to the victim’s right arm.
According to a news release from Baxter County Sheriff John Montgomery, the weapon used in the shooting was recovered at the scene.
There were no signs of a struggle inside the residence, investigators reported.
Prosecutors have kept much of the information regarding the case under wraps; including what might have motivated the killing.
Stowers has been free on $200,000 bond.
Because of the psychological exams that have been ordered and the necessity to wait until they are done and a report submitted, the trial date for Stowers in Baxter County Circuit Court has been moved to Sept. 26.
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