|
Getting your Trinity Audio player ready...
|
FAYETTEVILLE, Ark. (BFMG) — Attorneys for a man accused of killing two hikers at Devil’s Den State Park last year are asking a judge to prohibit prosecutors from seeking the death penalty, claiming the prosecuting attorney violated a gag order while campaigning for a seat on the Arkansas Court of Appeals.
Defense lawyers for Andrew James McGann filed a motion Feb. 24 alleging that Prosecuting Attorney Brandon Carter has made public statements and posted online content about the case while seeking election to the appellate court. Carter is running against 7th Judicial District Judge Sarah Capp for the District 3, Position 1 seat.
Carter denied the allegations in a written response, calling them “baseless” and arguing that barring the state from seeking the death penalty is not an available legal remedy.
Authorities say McGann, 28, killed Clinton David Brink, 43, and Cristen Amanda Brink, 41, while they were hiking with their two young daughters at the park near West Fork on July 26. The girls, ages 7 and 9, were not injured. McGann has pleaded not guilty to two counts of capital murder and remains held without bond at the Washington County Detention Center.
Capital murder is punishable by life imprisonment without parole or the death penalty. Carter previously stated that prosecutors intend to pursue the death penalty.
Alleged violations of gag order
Circuit Judge Joanna Taylor issued a gag order Aug. 28, barring attorneys from making public statements about the evidence, its strength or value, the defendant’s guilt or innocence, or the likelihood of conviction. The order also covered any statements made to the media or on social media.
The defense contends Carter violated the order through campaign videos and speeches referencing the case. One campaign video posted Jan. 28 to YouTube featured the phrase “keeping dangerous criminals off our streets” while showing McGann’s arrest photo, the motion states. Another video posted Jan. 29 to Carter’s campaign Facebook page reportedly showed him describing the case to a civic group, including identifying McGann and the Brinks by name and referencing national media coverage.
“The Prosecuting Attorney’s politicization of this case substantially increases the likelihood of a tainted jury pool,” defense attorney Katherine Streett wrote in the motion. The filing argues that Carter’s remarks violate McGann’s constitutional rights under the Sixth, Eighth and Fourteenth Amendments and ask the court to prohibit the state from pursuing the death penalty.
Prosecutor denies wrongdoing
Carter responded that the defense mischaracterized his remarks. He said his civic presentation provided an overview of the Prosecuting Attorney’s Office, case statistics and a general discussion of three jury trials from 2025. He added that references to the Devil’s Den case were limited to information already public and acknowledgment of the court’s gag order.
Carter said any campaign video cited by the defense contains no statement about the McGann case and does not name him. He argued that prosecutors have a duty to keep the public informed about the criminal justice system within legal limits and that restricting mention of a publicly known case would be unreasonable.
“The exclusion of a penalty available to the State of Arkansas as a result of pretrial publicity is not, nor has it ever been, a remedy in any criminal proceeding,” Carter’s response states. He added that the proper remedy for juror bias would be a change of venue — likely to Madison County — not removal of the death penalty as a sentencing option.
McGann’s next court appearance, to hear pending motions, is set for April 1.
Case background
According to Arkansas State Police, the fatal attack occurred about a half-mile down a trail at Devil’s Den State Park in an area with poor cell service and rough terrain. Investigators said Clinton Brink was attacked first with a knife while Cristen Brink moved their daughters to safety. She was attacked after returning to her husband.
Police have said there is no indication McGann knew the victims. McGann, who had no prior criminal record, was arrested July 30 at a hair salon in Springdale. He had recently moved to Northwest Arkansas from Oklahoma to work for the Springdale School District. The Brinks had relocated to Prairie Grove from Montana shortly before the killings.
