Pine Bluff capital murder suspect released from jail because charges filed four days late

PINE BLUFF, Ark. – A man charged with and on trial for capital murder is out of jail because a judge decided the felony charges against him were not brought soon enough.

Donovan Cuthbertson is accused of capital murder, attempted capital murder, and possession of a firearm by a felon related to a homicide on Sep. 24, 2023. An affidavit alleges he admitted to the crimes during his arrest.

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Wednesday, Jan. 24, will mark four months since Rachael Crouch was shot and killed while riding in the front passenger seat of a car with three other people.

Police said the others were the driver, Cuthbertson and a witness. Authorities said the driver who survived being shot and the rear passenger who was unharmed both stated Cuthbertson shot the two people in front of him before jumping out the the vehicle.

The mother of Rachael, Elberta Crouch, said she fears Cuthbertson could walk away with even more if he isn’t in jail during the trial.

“No one deserves to get killed so brutally like she did,” Rachael said in September days after her daughter died.

Almost four months later, she’s speaking again because the man authorities believe pulled the trigger was released from jail. Elberta’s reaction to the news was “pure shock.”

“It was like ‘Oh my God.’ How could anybody let this man who is there for capital murder out in the streets to where he could do this again,” she said.

Cuthbertson was released on Jan. 9 by the order of Jefferson County Circuit Court Judge Alex Guynn after Cutherbertson’s defense cited Arkansas criminal procedure rule 8.6. It states the prosecutors must file charges within 60 days of arrest or the defendant can file a motion to be released.

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The rule states “Failure to file an indictment or information within sixty days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in the defendant’s release from custody unless the prosecuting attorney establishes good cause for the delay.”

Cuthbertson’s lawyer, William O. “Bill” James, Jr. of James Law Firm filed the motion. When called for comment, on Monday, James said he had no comment and would let court records speak for him.

Jefferson County Chief Deputy Prosecuting Attorney Jill Reed filed a response to the defense’s motion, but the judge did not side with her argument.

Reed explained the arrest of Cuthbertson was on Sep 25. The felony charges for the homicide were brought on Nov. 28, the same day as the defendant’s motion. But the charges came 64 days after the arrest. The deadline was the day after Thanksgiving when the Courthouse was closed.

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Elberta asked the prosecuting attorney’s office if Cuthbertson had been given an ankle monitor for the remainder of his murder trial, and she claims she was informed he wasn’t.

“I don’t know if he is still here and he’s going to appear or if he’s skipped the country,” Crouch said. “If he really, really did it, and he admitted doing it, then he needs justice.”

Chief Deputy Prosecuting Attorney Jill Reed filed a motion for the judge to reconsider his decision. When called Monday, she stated, “We believe the law is that 8.6 is a charge me or let me go rule, and we charged him. There is no violation of that rule at this point. It shouldn’t have even been considered, and he should have remained in custody.”

Elberta said she is holding onto hope that he will be locked up again and potentially for life just as she holds onto a necklace of Rachael’s ashes every day.

“I kiss this necklace every night goodnight and say, ‘I love you, Rachael,’” she said.

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The motion for the judge to reconsider his decision for release was filed more than this report. The prosecutors said they have gotten no response. Even though Cuthbertson is released now, he is on trial and can be convicted and sentenced.

“If it’s my last breath in me, I’m going to make sure she gets justice,” Elberta said.

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