FAYETTEVILLE — The state has filed a list of aggravating factors required to pursue the death penalty against a man accused of fatally stabbing two hikers at Devil’s Den State Park in late July, a prosecutor told a circuit court judge Thursday morning.
Andrew James McGann, 28, of Pinecrest Street in Springdale made a brief appearance before Circuit Judge Joanna Taylor on Thursday, and the case was continued to April for a motion hearing.
McGann has pleaded not guilty to two counts of capital murder and is being held without bond at the Washington County Detention Center while awaiting trial.
Police say McGann killed Clinton David Brink, 43, and Cristen Amanda Brink, 41, while they were hiking with their two daughters on a trail at the park near West Fork on July 26. The girls, who were 7 and 9 at the time, were not injured.
Capital murder, if convicted, is punishable by life in prison without the possibility of parole or the death penalty. Washington County Prosecuting Attorney Brandon Carter has said he will seek the death penalty against McGann.
McGann appeared in court Thursday wearing a light blue dress shirt, tie and tan trousers. As per court orders, McGann is allowed to appear in court wearing civilian clothes and without visible restraints.
Thursday’s status hearing lasted about five minutes.
The judge asked prosecutors and the defense about the status of the case before entering an order of continuance to April 1 when she said she intends to begin hearing motions. A second motion hearing is set for May 26.
Taylor asked McGann if he understood the continuance and whether he had signed it, and McGann responded only with “Yes, ma’am.”
James Wyatt, a defense attorney, told Taylor the defense team is continuing to investigate the case.
Carter told the judge discovery is ongoing, and he has filed a list of aggravating factors required to pursue the death penalty against McGann.
Arkansas law requires that for a jury to consider imposition of the death penalty, the state must prove an aggravating circumstance exists beyond a reasonable doubt; aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and, aggravating circumstances justify a sentence of death beyond a reasonable doubt.
Carter said he intends to present evidence to prove the following aggravating circumstances beyond a reasonable doubt:
That McGann in the commission of the capital offense caused the death of more than one (1) person in the same criminal episode.
That the capital offense was committed for the purpose of avoiding or preventing an arrest.
The capital offense was committed in an especially cruel or depraved manner.
“The State of Arkansas has provided to the Defendant all information it has available regarding the proof of each aggravating circumstance alleged herein through the discovery process, and acknowledges its continuing obligation to provide further discovery if and when it becomes available,” according to the notice Carter filed. “The State of Arkansas reserves the right to further allege additional aggravating circumstances if and as they become known over the course of the State’s continuing investigation in this matter.”
CASE HISTORY
The attack happened about a half-mile down a trail at Devil’s Den near West Fork, a place with spotty cellphone service and challenging terrain, according to Col. Mike Hagar, director of the Arkansas State Police.
Clinton Brink was attacked with a knife first as Cristen Brink moved their daughters to safety, Hagar said. After getting the girls away from the attack, Cristen Brink returned to her husband and was attacked with a knife, Hagar said at an earlier news conference.
Hagar said previously there is no indication McGann knew the Brinks.
McGann was arrested by State Police on July 30 in a Springdale hair salon.
McGann, who has no criminal record, had been hired to work for the Springdale School District and had recently moved to Northwest Arkansas from Oklahoma. He had also applied to work at the Fayetteville School District this year, one of 2,236 applicants for 90 certified openings, but did not make the cut.
The Brinks were recent transplants to Northwest Arkansas as well, moving to Prairie Grove in the month before their deaths after previously living in Montana, according to authorities.
