Lawyers appointed to represent convicted killer
Two Mountain Home attorneys — John Crain and Justin Downum — have been appointed by Baxter County Circuit Judge Gordon Webb to represent Nicholas Ian Roos in his effort to obtain post conviction relief.
Roos was sentenced to life without parole after pleading guilty on May 24th to killing an elderly Midway couple and burning their home on County Road 508 in early November last year. He has been trying to obtain post conviction relief since shortly after being confined in the state prison system. Roos is now inmate number 163931 and is being held in the Varner Unit in Gould.
Roos filed a Rule 37 Petition with the Baxter County Circuit Court in which he alleges his former attorneys, both appointed by the State Public Defender Commission, did not do an adequate job of representing him — and that he entered his guilty plea in the Rice murder case based largely on the “deficient performance and advice” of his lawyers.
The claim of inadequate representation is often made in Rule 37 Petitions — a large number of which are filed each year, mainly by state prison inmates. Most are not successful, according to several articles in legal journals.
Roos’ claims include the fact that his original attorneys failed to develop a defense based on mental disease and defect, despite the fact, he contends, that they were aware of his “history of mental health problems, delusions, hunger strikes and suicide attempts”.
At a hearing August 17th, Judge Webb said he would appoint lawyers to represent Roos. He said the fact that Roos attacked the performance of his two lawyers from the Public Defender Commission gave him some problem since that closed off the most likely attorney pool to call on for Roos’ Rule 37 Petition work. He said the lawyers he would appoint would have to come from the “local attorney pool” and would likely receive little or nothing for their work.
Roos, Mikayla Mynk both from Gassville, and Zach Grayham of Mountain Home, all in their 20’s, were initially charged with capital murder and arson in the Rice case. Roos plead first, followed by Mynk and then Grayham.
On August 9th, Mynk was given 20 years in prison to be followed by 15 years of probation when she pled guilty to reduced charges including aggravated residential burglary. The plea agreement language made it apparent that she was felt to have played a less active role in the events than had Roos or Grayham. Mynk was said to have dropped the two males off in the vicinity of the Rice home and then left to attend a funeral. Mynk did not dispute that she knew there was a plan to commit a residential burglary, but contends she had no knowledge that her two codefendants had any intention of killing the Rice couple.
Mynk is currently inmate number 714229 in the McPherson Unit of the state prison system at Newport.
Grayham pled guilty August 25th to reduced charges of second-degree murder and aggravated residential burglary and was given 25 years in prison.
According to court records, Grayham told investigators that Roos rang the doorbell at the Rice residence and told LaDonna Rice that their vehicle had broken down. Grayham said that Roos immediately entered the residence and that he heard two gunshots. Grayham said that Roos returned to the front door and told Grayham that he would shoot him was well if he didn’t help carry items out of the house.
In discussions with investigators, Grayham indicated that he “feared for his life” and felt certain that Roos would carry out his threat if he did not lend assistance.
Grayham said when he entered the residence, he saw two bodies inside the door and it appeared to him that both people were dead. Roos is alleged to have set the Rice home ablaze by pouring gasoline on a couch and setting it afire.
Grayham is now inmate number 164795 and is being housed in the Delta Regional Unit of the state prison system located at Dermott.
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ADEQ seeking bids to repair landfill in Baxter County
A group of contractors looking to make bids to close and seal areas of the decrepit NABORS landfill in northwest Baxter County recently toured the facility. Bids will be accepted until Tuesday afternoon at 2, according to the Arkansas Department of Environmental Quality.
Tammie Hynum, Chief of the Hazardous Waste Division with the ADEQ, says the purpose of the tour, which was not open to members of the media or the landfill board of directors, was to allow the contractors to see first hand the repairs that need to be made.
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The next step in the process is hiring a contractor. ADEQ representative Kim Gwynn says an outside firm has been hired to provide the ADEQ with the best candidate for the job.
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Currently, the landfill is considered by the ADEQ non-operational. To designate the landfill closed it first has to be repaired, something that could take several years.
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Once the repairs are made by ADEQ’s hired contractor, the burden will be placed on the owners of the landfill to maintain it, according to Mountain Home Mayor Joe Dillard.
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The ADEQ says the solid waste district would probably be responsible for upkeep because they are the legal owners of the property. It is unclear if the ADEQ will cover the closing cost of the dump or if the district will charged at a later date.
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Harrison man accused of raping 12-year-old girl
A Boone County man is accused raping a juvenile. According to the Harrison Daily Times, 39-year-old Joseph Aaron Ballard of Harrison was arrested by city police Tuesday night on suspicion of rape of a 12-year-old girl.
A call was placed to the Department of Human Services hotline around 3:30 Tuesday afternoon of a possible child molestation. Harrison Police Chief Paul Woodruff said the victim was interviewed by police and staff at Grandma’s House, a children’s advocacy center in Harrison, and she alleges the sexual abuse began when she was around the age of five.
The Harrison Daily Times reports Ballard was arrested approximately six hours after the call to DHS. He is in the Boone County Jail with bond set at $250,000.
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BC Quorum Court says no to official support of Issue 3
Members of the Baxter County Quorum Court refused to lend their official support to the passage of Issue 3 on the statewide General Election Ballot in November during their monthly meeting Tuesday. According to backers of the proposal, its purpose is to make changes to the State Constitution that will encourage economic development and job creation.
Eddied Majesty with the Mountain Home Chamber of Commerce made a presentation to the court at its August meeting to explain the proposal.
The justices who spoke on the issue Tuesday said there was no consensus on the court to lend official support to the measure and that voters would have a chance to study the issue, make up their owns minds and register their approval or disapproval of the measure in the voting booth in November.
Because Baxter County Judge Mickey Pedergrass was a patient in Baxter Regional Medical Center after having heart surgery, the justices voted to have Leon Alexander, District 11 Justice of the Peace from Norfork, chair Tuesday’s meeting. Alexander explained that there are provisions in place to ensure that the county’s business is conduction in the absence of Judge Pendergrass. Alexander asked those attending the meeting to keep Judge Pendergrass and his family in their prayers.
Among the provisions of Issue 3 will be one to remove the cap on what are referred to as “Amendment 82 general obligation bonds” that would enable the state to be in the running for what are known as “super projects” which could mean bond issues running in the hundreds of millions of dollars.
In addition, local governments would be permitted to appropriate money to private groups, such as chambers of commerce, for economic development projects and services. The latter feature is of particular importance for governmental entities that pay local chambers to serve as the economic development arm for the entity.
A Pulaski County Circuit Court Judge ruled last year that the practice violated the current Arkansas Constitution in a case brought against the city governments of Little Rock and North Little Rock.
While the case was brought in Pulaski County, officials statewide have been watching it closely since many governments follow the same practice. The City of Mountain Home, for example, pays $15,000 yearly to help fund “Focus Mountain Home” which was formed in 2012 to help build the local economy.
The passage of Issue 3 would make clear that these type of activities were permitted.
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Arkansas court: No arguments on casino measure for Boone, other counties
LITTLE ROCK, Ark. (AP) Arkansas’ highest court says it won’t hold oral arguments on whether to disqualify a casino legalization measure from the November ballot.
The state Supreme Court on Friday denied a request for oral arguments in the lawsuit challenging a proposed constitutional amendment that would allow casinos in Boone, Miller and Washington counties. The Committee to Protect Arkansas’ Values/Stop Casinos Now has asked the court to block officials from counting any votes for the measure in the Nov. 8 election.
The group is challenging the wording of the proposed amendment and has accused the group behind the measure of not following state law for reporting canvassers.
The suit is among several challenges to ballot measures pending before the high court.
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3 arrested on drug charges in Baxter County
A search by Baxter County Sheriff’s investigators at a residence led to the arrest of three individuals staying at the home. According to Sheriff John Montgomery, 41-year-old Michael Scudder, 46-year-old Scott Lynn Froit and 49-year-old Jana Jean Brigman, all of rural Mountain Home, are each facing multiple counts.
Investigators received a report Wednesday morning of a parolee, Scudder, and two other people allegedly staying at 4271 Buzzard Roost Road without the permission of the owner, Ian Tice, who is currently an inmate in the Baxter County Detention Center.
Investigators arrived at the residence at 11 a.m., located Scudder, took him into custody and found nearly .7 grams of methamphetamine on him. They also searched Scudder’s living area and located two handguns, ammunition and drug paraphernalia including syringes, scales, spoons and baggies.
Officers also found Froit and Brigman on the property in a camper trailer. Both surrendered after a brief standoff and were taken into custody. Investigators searched the trailer and found 41 Clonazepam pills and drug paraphernalia.
As the investigation continued, the sheriff’s office learned the electricity to the property had been shut off, but the camper had power. A technician for North Arkansas Electric Cooperative went to the property and discovered the meter and wiring was allegedly tampered with, and electricity was obtained to the property illegally.
Scudder was booked on felonies of Possession of Methamphetamine with Purpose of Delivery, two counts of Possession of Drug Paraphernalia, Weapons Possession During Controlled Substance Offense, Possession of Firearm by Certain Persons, Damaging Wires and Fixtures of Utility Providers and Parole Violaton. He also faces misdemeanor counts of Theft of Services and Criminal Trespass, a penalty enhancement as a habitual offender and an outstanding felony bench warrant for drug offenses. In lieu of $35,000 bond, Scudder is being held on the new charges and bench warrant and with no bond on the violation hold.
Froit and Brigman were each charged wtih felony counts of Possession of Drug Paraphernalia, Possession of a Schedule IV Controlled Substance with the purpose of Delivery and Damaging Wires and Fixtures of Utility Providers and misdemeanor counts of Possession of Drug Paraphernalia and Theft of Services. Brigman also has an outstanding warrant for Failure to Appear, and she was released after posting $4,040. Froit posted a bond of $3,500.
Scudder, Froit and Brigman are all scheduled to appear in Baxter County Circuit Court September 22nd.
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Sex offender accused of failing to register
A local sex offender is accused of failing to comply with registration requirements. According to Baxter County Sheriff John Montgomery, 25-year-old Alton Bruce Cooke was arrested Friday by the Gassville Police Department and the Arkansas Department of Community Corrections. He is in the Baxter County Detention Center on felony counts of Failure to Register and Parole Violation and an outstanding misdemeanor warrant for Failure to Appear.
Cooke was registered to reside at 348 South Johnson Street in Gassville, but he was found instead to be staying at a residence on Kelley Lane located in close proximity to Gassville City Park. Sex offenders are prohibited by law from living at such a residence, and he was taken into custody after being located by Gassville officers.
Cooke has a bond of $15,000 on the Failure to Register charge, but he’s being held without bond on the parole violation. He is scheduled to appear in Baxter County Circuit Court September 22nd.
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