Nevada County Picayune and Gurdon Times Newspaper Archive

Two charged in Cummings murder appear in Nevada County Court

Two of the four people charged in the murder of a Nevada County man made an appearance in Nevada County Circuit Court on May 9. The only action taken on those cases were to approve continuances. The four were charged on Aug. 15, 2004, though none have yet come to trial pending several motions.

In an unrelated action, the Arkansas Court of Appeals has reportedly made a decision on the motion made by one of the defendants requesting that his case be moved to juvenile court. According to information from the state Court of Appeals, the appeals case requesting that Kevin Bartons charges be tried in juvenile court was dismissed this week.

Arrest records indicate that the murder occurred on July 15, 2004, near Bluff City. According to court records, someone broke into James H. Cummins home and shot him while he slept. The home was ransacked and an undetermined amount of money taken. The four are also charged in the death of an Arkadelphia woman that occurred around the same time.

The cases of the four have included numerous motions over the course of the case, including requests to move two of the cases to juvenile court. On June 10, 2005, Circuit Judge Duncan Culpepper issued an order denying the request to transfer the case against Robert Lee Williams Jr. to juvenile court. Among other things, Culpepper states that there is clear and convincing evidence of an aggressive, violent, premeditated and willful manner in the death of Mr. Cummins. Further, Culpeppers order states that there is clear and convincing evidence that, due to the serious nature of the offenses charged herein, there is nothing available to rehabilitate the defendant in the juvenile division of circuit court.

Robert Williams, according to court records, was born July 21, 1988, and was 15 at the time of his arrest.

Robert Williams sister, Tekelia D. Williams, was one of the defendants who put in an appearance in court last week. Williams, 23, was assigned a new trial date of Sept. 25. The reason for the delay, according to information offered at her hearing, was the pending appeal of the request to move one of the other defendants to juvenile court.

I think these dates are probably realistic, Culpepper said, indicating that he believed the results of the appeal would be available before that September court date.

Pre-trial for Tekelia Williams was set for Sept. 5.

Motions filed on behalf of Tekelia Williams over the course of her incarceration have included a request to exclude the death penalty. According to the brief filed by her attorney, death sentences are arbitrarily and capriciously imposed in a racially discriminating manner.

There is also a motion to exclude specific photos based on the fact that they could prejudice the jury, and a motion to suppress statements made after her arrest.

Robert Williams attorney has filed similar motions, including a request to exclude the death penalty citing a low mental capacity and Robert Williams age at the time of the crime.

Brothers Kendrick and Kevin Barton were also slated for a May court appearance, but only Kendrick was required to appear. Kendrick, born Nov. 29, 1988, did appear, but his time before Culpepper was brief. He is slated to be back in court for a hearing on May 30, and to be back for trial in September.