Prosecutor wants charges dropped in Alvard case, for now

Charges against three men accused in the 2018 slaying of Christopher Alvard at his home near Eureka Springs will be dropped if a judge grants a motion filed by a special prosecutor in the case — but that doesn’t mean the men will never be tried.

Special prosecutor Jack McQuary has filed a motion in Carroll County Circuit Court asking for a “Nolle Prosequi with good cause” in the cases of Joshua Anderson, Charles Ky Hanna and Jason Helm.

According to Cornell Law School’s Legal Information Institute, Nolle Prosequi is a Latin phrase that directly translates to “not to wish to prosecute.”

A hearing is scheduled for 1 p.m. Tuesday, Feb. 21, in Carroll County Circuit Court in Berryville.

Nolle prosequi is a legal notice or entry of record that the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit.

“A nolle prosequi may be entered in a criminal or a civil suit any time after the charges are brought and before a verdict is returned or a plea entered,” the Legal Information Institute website says. “A nolle prosequi is not an acquittal, so the double jeopardy clause does not apply, and a defendant may later be reindicted on the same charges.”

Anderson, Hanna and Helm are charged with first-degree murder in connection with Alvard’s death, and all three defendants also face felony charges of animal cruelty stemming from the death of Alvard’s dog, whose body also was found at the crime scene. All three men have pleaded not guilty.

Helm had been scheduled for trial last August, but his case was abruptly continued at the request of special prosecutor Jack McQuary.

With jury selection completed and opening statements in Helm’s trial scheduled 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 Carroll County Circuit Judge Scott 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.

McQuary filed a motion on Dec. 20 to continue the case again, however, and an affidavit in support of that motion offered new insight into the delay.

“On August 23-24, 2022, Jason Helm’s trial was about to start when his co-defendant, Joshua Anderson refused to testify against Helm as he had agreed to do so, causing the State to seek a continuance for additional evidence,” McQuary’s affidavit says.

McQuary also writes that: “The State learned of new evidence to which the state flew in assistance from Alaska to get. One witness has given an interview indicating the alibies used may be false and additional evidence against at least two of the defendants. This evidence has led to needing to inquire and interview additional witnesses, all not based on any fault of the State.”

Jerry “J.J.” Reddick, police chief in Skagway, Alaska, and a former investigator with the Carroll County Sheriff’s Office, was in the courtroom when Helm’s trial was set to begin last August.

After Helm’s trial was delayed, Jackson issued an order allowing Helm to have his ankle monitor removed and to travel under the condition that he maintain weekly contact with the sheriff’s office.

On Monday, Feb. 13, Mc-Quary filed motions asking to Nolle Prosequi all three cases, but indicated that he intends to refile the charges in the future when other witnesses are available.

“(T)he State has (1) been diligent in attempting to procure the evidence of these witness’; (2) their anticipated testimony is material and will assist the trier of fact in determining the facts as they occurred; (3) the likelihood of being able to procure the witnesses in the event of postponement is high as well as procuring additional evidence; (4) the State has filed this affidavit stating the facts which would be proved by his files a Motion for Continuance in the aforementioned matter,” McQuary writes in an affidavit in support of his motion for Nolle Prosequi.

“Because we have evidence outstanding on it, I’m hoping the court will follow precedent and allow it to remain open with no prejudice,” McQuary said by phone Monday.

Helm’s attorney, Ben Catterlin of Rogers said by phone Monday that all three defendants are objecting to McQuary’s motion.

“This thing is just not good cause,” Catterlin said. “There’s no evidence. At this point, having been investigated since 2018 — we’re in 2023 — there’s nothing else coming up.”

CCSO deputies who had been dispatched to check on an open door on Feb. 8, 2018, 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.

The sheriff’s office requested assistance from the Arkansas State Police at and special agents from the ASP’s Criminal Investigation Team were assigned to the case.

Anderson, Hanna and Helm were arrested on Feb. 8, 2021 — the three-year anniversary of the discovery of Alvard’s body.

According to a probable- cause affidavit written by special agent Dale Bailey of the Arkansas State Police, the names of Anderson, Hanna and Helm “kept coming up as being involved” during the investigation into Alvard’s death.

“Based upon the three names, attempts were made to interview all three,” the affidavit says. “One of the three informed investigators that all three were involved in the death of Christopher Alvard. He stated that they initially went to the Alvard residence to ‘rough up’ Alvard. He stated Alvard fought back to the point where at least two of the potential defendants used deadly physical forced armed with knives.”

Other witnesses overheard or witnessed Anderson, Hanna and Helm discussing their involvement or saw evidence corroborating their involvement in Alvard’s death, the affidavit says.

Jackson granted prosecuting attorney Tony Rogers’ motions to recuse himself from each case because Rogers has represented each defendant in the past. McQuary was appointed in each case.

All three defendants are free on bond.