The state will seek the death penalty in the capital murder case of Cody Allen of Mountain Home who is charged in connection with the death of an almost two-year-old Flippin girl in May, according to a letter dated September 30th and sent to Toney Brasuell, one of the attorneys that will be representing Allen.
In the letter, 14th Judicial District Prosecuting Attorney David Ethredge writes his office has completed its initial evaluation of the existing facts and evidence collected in the matters related to the death of Alithia Boyd and, based on that review, had made the decision to present evidence allowing a jury to return a death sentence in the case.
Ethredge announced at a press conference in Yellville shortly after the girl’s death Allen would be charged with capital murder, but, at that time, said he had not decided on whether to seek the death penalty.
The case began when officers were called to a Flippin apartment complex May 1st for an unresponsive two-year-old girl later identified as Alithia Ivory Boyd. The initial report said the girl had fallen down a flight of stairs in the apartment. However, the extensive follow-up investigation by the Flippin Police Department with assistance from the Marion County Sheriff’s Office began to point away from an accident, especially given the severity of the little girl’s injuries.
Officers observed the two-year-old had extensive and severe bruising over her body and especially in the head area. The child was flown to Mercy Hospital in Springfield and placed on life support. Medical personnel said the child’s injuries were apparently sustained from impacts with an object of some kind. It was announced on Friday, May 6th, that the victim had died from her injuries.
The 24-year-old Allen was developed as a suspect in the case after a number of interviews, evidence gathered at the residence and an analysis of a number of electronic and telephone records.
In an arrest related to the case, the mother of the little girl who died, 21-year-old Anastasa Weaver of Mountain Home, was arrested early this month on charges of manslaughter and permitting child abuse.
Allen was first booked into the Marion County jail, but was transferred to the state prison system after he attempted to kill himself. Allen was on parole from a Baxter County conviction in August 2014. He was given five years after pleading guilty to burglary, breaking or entering, and theft of property. The charges resulted from the burglary of a house on State Highway 178 in Midway.
On Friday, Allen was being held in the Varner Unit of the Arkansas State Prison System.
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