- Associated Press - Monday, May 18, 2015

CLARKSVILLE, Ark. (AP) - An Arkansas judge ruled Monday there was probable cause to hold a man on a capital murder charge in last week’s shooting death of a Johnson County reserve deputy.

Arkansas State Police said last week that Fred Kauffeld, 51, shot Sonny Smith, 42, while Smith and other deputies checked out a burglary report Friday morning. Circuit Judge Bill Pearson on Monday ordered Kauffeld held without bond. Prosecutors told the judge they expect to file formal charges next week.

Kauffeld’s attorney, John Burnett, said it is common for facts to be initially misconstrued in high-profile cases and that additional information will help illuminate the circumstance of the shooting.

According to the Russellville Courier, Johnson County Sheriff’s Investigator Lt. Jeff Wood testified Monday that he, Smith and Deputy Curtis Bishop responded to a burglary call about 1 a.m. Friday and were met by a homeowner who saw a man running from his home.

Wood said a K-9 unit followed a scent from a broken back door to a spot 200 yards away. A thermal imaging device showed Kauffeld hiding behind a rock.

The investigator testified that Smith heard something move and said “Show me your hands” before Kauffeld fired his weapon, striking Smith, who later died.

Kauffeld surrendered after he ran out of ammunition and was taken into custody, Wood said. A plastic container with coins taken from the home was found nearby, he said.

The suspect attended Monday’s hearing shackled and in a wheelchair. He told reporters afterward that officers shot at him first without identifying themselves as lawmen and that Smith was shot “by one of the other officers.”

“I suspect that Kauffeld is wrong, considering no other deputy fired other than the deceased,” Prosecutor David Gibbons said.

Troopers said last week that Kauffeld sustained minor injuries after Smith returned fire.

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