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Carroll County Circuit Judge Scott Jackson last week granted a special prosecutor’s motion for “Nolle Prosequi with good cause” in the cases of three men accused in the 2018 slaying of Christopher Alvard at his home near Eureka Springs.
Jackson’s ruling essentially means that special prosecutor Jack McQuary is not pursuing the first-degree murder charges against Joshua Anderson, Charles Ky Hanna and Jason Helm — for now — but leaves open the possibility that McQuary could refile the charges.
Jackson ordered all three men to appear in circuit court at 1 p.m. Feb. 12, 2024, in Eureka Springs.
Anderson, Hanna and Helm were arrested on Feb. 8, 2021 — three years to the day after Carroll County Sheriff’s Office deputies who had been dispatched to check on an open door found Alvard’s body inside his home at 674 Carroll County Road 116 near Eureka Springs. The body of Alvard’s dog also was found at the scene. An autopsy later determined that Alvard died as the result of multiple stab wounds. His dog also appeared to have been stabbed multiple times. Anderson, Hanna and Helm also were charged with felony animal cruelty.
Helm had been scheduled for trial last August, but his case was abruptly continued at McQuary’s request. With jury selection completed and opening statements ischeduled to begin before a crowd of spectators at the Western District Courthouse in Eureka Springs on Aug. 24, 2022, McQuary moved to continue the case. McQuary told Jackson that prosecutors had received new information earlier that morning that he described as “crucial” to the state’s case.
Helm’s defense attorney, Ben Catterlin, objected to the continuance, but Jackson granted McQuary’s motion.
McQuary did not elaborate on the new information and declined to comment later but it was later revealed that Anderson had decided not to testify against Helm after initially agreeing to do so.
At a hearing to consider McQuary’s motion to nolle pros the charges with good cause on Tuesday, Feb. 21, in Berryville, Jackson said: “The episode that occurred on Aug. 24 affected the state’s case dramatically.”
Jackson said the “nature of the evidence changed,” when Anderson refused to testify.
McQuary’s “motion should be granted by the court,” Jackson said. “And that’s going to be the ruling today.”
Jackson indicated that the rulings would be the same in the cases of Anderson and Hanna.
Catterlin then moved to have the charges against Helm dismissed but Jackson denied the motion. After Jackson scheduled the February 2024 court date, Catterlin argued that if Mc-Quary is unable to produce more evidence at that time, the charges should be dismissed for good.
“If a year comes and goes and there’s no significant movement, good cause is gone,” Catterlin said.
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