First suspect in motel burglary sentenced

The first of four suspects arrested earlier this year after allegedly forcing their way into a Texas couple's room at a local motel to rob them pleaded guilty Monday in Garland County Circuit Court.

Bobby Jack Smith, 30, who had remained in custody since his arrest May 10, was initially charged with a felony count of aggravated residential burglary, punishable by up to life in prison, but pleaded guilty to an amended charge of residential burglary and was sentenced to five years' supervised probation, fined $1,000 and ordered to pay $420 in court costs.

The charges against his alleged accomplices, Brandon Nathaniel Folsom, 31, Jakota Rustin Clay, 29, and Autumn Dean Polston, 27, who were each initially charged with aggravated residential burglary, have also been amended to residential burglary, punishable by up to 20 years in prison. Each also faces a misdemeanor count of third-degree battery.

Polston remains in custody in lieu of $15,000 bond and is set for a disposition hearing on Dec. 12. Folsom, who is currently in prison on unrelated charges, is set to stand trial Dec. 7. Clay remained in custody Tuesday in lieu of $25,000 bond and is set to stand trial Jan. 10.

According to the affidavits, on May 9, shortly before 11:30 p.m., Hot Springs police Officer Richard Nunez was in the area of the Econo Lodge, 1204 Central Ave., looking for a wanted person, identified as Clay, when he saw a group of individuals randomly banging on doors and windows of the motel rooms. He saw the group enter one room after the occupant opened the door. Then he heard a single gunshot and saw the group "run out of the room."

The four suspects allegedly forced their way into a room occupied by a Newark, Texas, man, 59, and his wife, 58. The Texas man, who had answered the door armed with a handgun, fired one shot after being knocked to the floor, striking Folsom in the torso. The bullet reportedly exited Folsom's body and struck Smith in the upper chest and shoulder.

Nunez and Cpl. Brandon Jones and his K-9, Keena, apprehended Clay a few blocks later after a short foot pursuit. Smith was located near the 400 block of West Grand and transported by LifeNet to CHI St. Vincent Hot Springs. A few minutes later, Nunez learned Folsom and Polston had gone to St. Vincent by private vehicle.

Smith was taken into custody the next day and Folsom on May 19 after their release from the hospital.

The Texas man told police he and his wife heard someone banging on their motel room's door and, not knowing who it could be, he answered the door armed with his .22-caliber derringer-style handgun.

He said that as he opened the door Folsom hit him in the face, causing him to fall backward. He said he fired one shot that struck Folsom, causing him to double over, and then all three men fled the room, leaving Polston behind. He said moments later Polston was pulled from the room by a second female, who was later questioned by police but not charged.

When questioned, Polston claimed she was robbed shortly prior to the incident by an unidentified subject who she believed was staying in the room occupied by the victims. She said she, Clay, Folsom and Smith left her room at the motel and walked over to the victims' room to confront and "beat the a - - " of the person who robbed her.

She said one of the men knocked on the door and when the male victim answered one of the men hit him. She said she then heard a gunshot and fled. She said she recalled looking back and seeing a white male pointing a gun at her and then saw Folsom with what appeared to be a gunshot wound to his abdomen.

Local on 11/22/2017

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