Judge issues rulings on motions in case of capital murder

BENTONVILLE — A judge issued rulings Monday on several motions in the case of a Rogers man accused of killing a 2-yearold girl.

Joshua Anderson, 28, is charged with capital murder. He faces the death penalty or life imprisonment without parole if convicted. Prosecutors have not waived the death penalty.

His jury trial is scheduled to begin Oct. 31.

Anderson is accused of killing Sephylia Fuls, who died Sept. 4, 2018, of blunt force trauma, according to court documents. Anderson pleaded not guilty to the charge.

Benton County Circuit Judge Brad Karren presided over a hearing Monday to review more than two dozen motions filed in the case. Many of the motions dealt with seeking to declare the death penalty unconstitutional. Karren ruled against each of them.

Kent McLemore, one of Anderson’s attorneys, also requested the judge allow attorneys to question potential jurors one at a time. Karren denied the request. He said his standard practice in capital cases is for attorneys to question three prospective jurors at a time.

Karren said Anderson will have to wear restraints or a shock belt. Anderson chose to wear the belt instead of being in restraints during the proceedings.

A pretrial hearing is set for Oct. 11.

The judge granted a request from McLemore for transcripts of juvenile proceedings that may be related to the case. McLemore said there may be exculpatory information in the transcripts that helps his client.

Springdale police were called at 8: 44 p. m. Sept. 4, 2018, to the Chapel Ridge Apartments by firefighters after the girl was found unresponsive, according to a police statement after the initial report of the girl’s death.

She was pronounced dead at Northwest Medical Center-Springdale.

Veronica McCoy, the child’s mother, told police she returned to the apartment from a trip to a convenience store and found Anderson holding Sephylia’s 5-year-old brother and accusing the boy of hitting her, according to a probable cause affidavit.

Anderson was McCoy’s boyfriend, according to court documents.

Sephylia’s two brothers — the other was 3 years old — were interviewed at the Children’s Advocacy Center of Benton County. Those interviews implicated Anderson, according to the probable cause affidavit.

A child abuse specialist pediatrician at Arkansas Children’s Hospital determined the girl died as a result of physical abuse, the affidavit stated.

Anderson is also charged in a separate case with aggravated assault, battery, resisting arrest and obstructing governmental operations. He is accused of having a machete and chasing another man, according to court documents. That case will not be tried with the murder case.

Anderson is being held without bond in the Benton County Jail.