A Hot Springs man charged with capital murder in connection with a fatal shooting outside a local gas station just over one year ago was ruled mentally fit to proceed with trial at a hearing Monday in Garland County Circuit Court.
Lindaniel West, 40, appeared with his attorney, Clay Janske, and accepted the findings of a mental evaluation that was ordered by Judge John Homer Wright at West's attorneys' request on April 3. If convicted, West could face up to life in prison without parole or the death penalty for the Aug. 7, 2017, shooting death of Derek A. Duvall, 29, at the Valero, 1201 Central Ave. A disposition hearing in the case is set for Sept. 24.
A warrant for West's arrest in the shooting was issued Aug. 8, 2017, and West surrendered to authorities through his attorney, Brian Johnson, on Aug. 23 and was initially held without bond. A gag order limiting pretrial publicity in the case was issued Oct. 13 and West pleaded not guilty to the charge on Oct. 23. A bond hearing was held on Nov. 8 and his bond was set at $150,000 and he was released the next day.
West also faces a felony count of aggravated assault stemming from an incident that occurred prior to the shooting on July 18, 2017. West allegedly struck another man, Willis Duvall, 32, with his vehicle following an argument between the two. Willis Duvall is reportedly the brother of Derek Duvall.
A warrant on the assault charge, punishable by up to six years in prison, was issued on Aug. 30, 2017, and he was arrested on Sept. 1, 2017, while he was in custody from his arrest on the capital murder charge. Bond on the assault charge was later set at $10,000 and he was released on that bond at the same time as the bond on the murder charge.
A mental evaluation on the assault charge was ordered April 4 by Judge Marcia Hearnsberger and West is set for an Act 3 hearing to determine if he is fit to proceed on Oct. 2.
On June 8, Garland County Prosecutor Michelle Lawrence filed a motion to have the court appoint a special prosecutor in both of the cases against West citing a conflict with her office, notably that they were unable to prosecute "due to an inability for this office to obtain cooperation from the victim's representative."
On June 20, orders were issued to request a special prosecutor from the Prosecution Coordinator's Commission and Deputy Prosecutor Jack McQuary of Little Rock was appointed to prosecute both charges against West.
According to the probable cause affidavit on the capital murder charge, on Aug. 7, 2017, shortly before 9 p.m., Hot Springs police responded to the Valero in reference to a shooting and found Derek Duvall lying on the ground on the west side of the gas station deceased with a gunshot wound to his chest.
Video surveillance showed a heavyset black male with long dreadlocks, later allegedly identified as West, approach Derek Duvall. As West approached, he appeared to raise his shirt, reach into his waistband, then shoot Derek Duvall in the chest.
In the video, Derek Duvall ran away and West walked back to the area he came from, getting into a dark-colored Cadillac that left the scene. The affidavit notes Willis Duvall was on the scene and told Detective Mark Fallis he was there at the station with his brother.
Willis Duvall said he was inside paying for an item when he looked outside and saw West shoot his brother and then flee the scene in a Cadillac. Willis Duvall said he has known West, described as a "distant relative," for many years and knew him to drive a Cadillac like the one seen leaving the scene.
According to the probable cause affidavit on the aggravated assault, on July 19, 2017, around 2 p.m., Willis Duvall came to the police department to report an incident that allegedly occurred around noon the day before.
Willis Duvall said he was in the 200 block of Pond Street having his vehicle repaired by another man. As the two of them were standing outside, West drove up to the residence in a red Dodge pickup truck. Willis Duvall told police he and West had issues in the past "regarding family members."
He said West approached him and a minor argument ensued. Willis Duvall said he walked away from West's vehicle and West "revved his engine" and drove toward Duvall's vehicle. West allegedly struck Duvall, knocking him to the ground, and then struck Duvall's vehicle. Duvall said he stood up as West drove away from the scene.
Willis Duvall went to CHI St. Vincent Hot Springs for treatment and found he had a "fracture of the left proximal fibula" or ankle.
Police Officer Zachary Brown later made contact with the other man Duvall had been talking with on Pond Street who reportedly confirmed Duvall and West had argued, Duvall walked away and was struck by West's vehicle, knocking him to the ground.
Local on 08/23/2018