The defense attorney for a man charged with capital murder is asking prosecutors for evidence and for copies of all investigative officers’ rough notes pertaining to the case.
Douglas Bivens, 48, was charged with capital murder, attempted capital murder and two counts of aggravated assault on a family or household member following a Jan. 2 incident where Bivens’ mother was found shot to death and his father suffered a gunshot wound in the arm.
Gina Reynolds, who represents Bivens, filed a motion for discovery and disclosure Thursday.
Reynolds said it was the “prosecution’s duty” to provide evidence to the defense.
In a motion to require investigative officers to retain rough notes, Reynolds said Bivens “should be afforded all information and evidence in the possession of the prosecution and the investigation officers, including all rough notes or field notes taken by all officers in their investigation of this case.”
Reynolds said information included in these notes “may lead to evidence materially favorable to the defendant.”
Reynolds also filed a motion for a release of records and gave a formal notice of her intent to cross examine witnesses.
Bivens, who is being held without bond in the county jail, is set to appear next in Faulkner County Circuit Court on Feb. 28 for a pretrial hearing.
Bivens was arrested Jan. 2 after the Faulkner County Sheriff’s Office responded to a shots fired call and found Bivens’ mother, 71-year-old Janette Bivens, dead in the yard at 55 New Home Road in Guy.
According to a search warrant, the sheriff’s office responded to a 911 call at about 2:35 p.m. Jan. 2 “from a juvenile that [said] her uncle shot her ‘nana and grandpa.’”
“When Deputies arrived at 2:48 p.m. they found Douglas Honley Bivens walking up from the rear of the home with a shotgun that he placed on the trunk of a vehicle,” the search warrant stated. “Douglas Honley Bivens told Sgt. Darrell Freeman that he had just shot his mother and told him where her body was.”
FCSO found Janette dead by her vehicle with an apparent gunshot wound to her face.
FCSO, as well as the Quitman and Guy police departments, responded to the scene. The coroner’s office and Prosecuting Attorney Cody Hiland were also on the scene.
FCSO spokesman Adam Bledsoe said that the teamwork put into responding and securing the scene at 55 New Home Road on Jan. 2 was a common practice in law enforcement.
Chief Deputy Matt Rice told the Log Cabin Democrat on scene that Douglas’ father, 73-year-old Don Bivens, suffered from non-life-threatening injuries stemming from the incident.
“When deputies went inside the residence to clear the home, a second victim [Don] was found shot in the arm and taken to Conway Regional Medical Center,” he said.
The search warrant noted that Douglas “admitted that the gun that was used to shoot his mother was in his trailer.”
“He said he went there after multiple gunshots were exchanged between him and his father Don Bivens after his mother was shot. Douglas Bivens said he returned to his parent’s home with a shotgun,” the search warrant states.
The two juveniles who were at the home during the incident were put in the family’s custody.