Nevada County Picayune and Gurdon Times Newspaper Archive

Four charged in Cummings murder case

Four suspects have been arrested, charged and arraigned for the murder of James H. "Booger" Cummings.

Cummings was murdered in his home July 15. Law enforcement officers got a break following the murder of a 74-year-old Arkadelphia woman on Aug. 5. They were able to develop information leading the arrest of the four suspects.

The four are: Robert "R.J." Williams, 16; his sister, Tekelia Williams, 22; Kendrick Barton, 15, and his brother, Kevin Barton, also 15. All four are from Arkadelphia.

According to Lt. Cleve Barfield, with the criminal investigation division of the Arkansas State Police, the Arkadelphia Police Department and Clark County Sheriff's Office developed the initial information and interviewed the suspects. From these interviews and the recovery of some evidence, the four were tied to the Cummings murder.

The two Williams siblings were arrested in the Stephens area of Ouachita County with the help of the Ouachita County Sheriff's Office. The Bartons were arrested in Arkadelphia. All were charged with capital felony murder and charged as adults. They were also charged with residential burglary in Nevada County.

The four made their first appearance before 8th Judicial District Judge Jim Gunter, Wednesday, Aug. 11. Here, they were read their Miranda rights and had the charges explained to them. Gunter also explained what the penalty could be if found guilty. All of the suspects said they would get their own attorneys. Because R.J. Williams is a minor and had no other family on hand, his sister, also a suspect, stood in loco parentis for him as he appeared before the judge.

Because of the nature of the crime, Gunter denied bond for all four suspects. They are being held at different locations, with two in Nevada County and two in Miller County.

Several members of the Cummings family, along with friends, were in court for the first appearance. Following the proceedings, Denise Barton, while walking out of the courtroom, looked over at the Cummings family and said she was sorry for what had happened.

The court wasted no time with the suspects, as all four were brought back Thursday, Aug. 12, for their arraignment.

This formalized the charges against the suspects, and a court date of Sept. 20 was set for them. Gunter entered pleas of not guilty for each of the suspects as they had not talked to an attorney before the arraignment.

When Alene Tate was found murdered at her home in Arkadelphia, the investigation led to the arrest of the four suspects, with information from a confidential informant tying the quartet to the Cummings murder.

Two of the four made their first court appearance in Clark County Wednesday, Aug. 11, as well. The two were R.J. Williams and Kevin Barton. These two appeared before 9th Judicial District Judge John Thomas, who explained the two their rights.

During their appearance, the two indicated they would not need court appointed attorneys, but would find their own lawyers. Following their first appearance, the two were released to the custody of Nevada County officials.

Henry Morgan, prosecuting attorney, said he plans on filing capital murder charges against the two in connection with the Tate murder.

Capital murder is a class Y felony punishable by 10-40 years or life in prison or death by lethal injection.

According to affidavit for arrest of the four, the facts constituting reasonable cause for their arrest are as follows:

"On July 15, 2004, James H. Cummings was found dead of gunshot wounds at his home in Nevada County. His death was ruled a homicide. An investigation showed that a suspect(s) entered his home and shot him several times while he was asleep in his bed. He also received a blow to the back of his heat. The Cummings home was ransacked and an undetermined amount of money, along with the victim's wallet was taken."

On Aug. 9, Scott Clark, with the ASP CID, along with Sgt. Roy Bethel of the APD, interviewed Kendrick Barton and his brother Kevin. The results of the interview, along with further evidence found, led to the arrest of the Barton brothers, along with the Williams siblings.

At the conclusion of the first appearance, Prosecuting Attorney Randy Wright explained the legal process involved to the Cummings family. He cautioned them not to be in a hurry as the trials could take as much as a year, possibly more, depending on delays and the other attorneys involved.

He pointed out the suspects, because of their age, will receive special consideration by the court.

Wright said he will seek the death penalty, and will try to make sure all four are tried separately. He told the Cummings family much of what happens will depend on them as well. "I hope you have a lot of patience," he said.

Nevada County Sheriff Steve Otwell thanked the different agencies involved in helping make arrests in the case. Those agencies are: the ASP, APD, CCSO, OCSO, Prescott Police Department, Nevada County Rescue Unit, Nevada County Sheriff's Office and the NCSO auxiliary deputies.