ASHDOWN, Ark. (AP) - A man imprisoned more than 17 years for the slaying of an Arkansas couple could be eligible for release due to time already spent behind bars.
Timothy Lamont Howard of Ashdown was found guilty last week on lesser charges of second-degree murder in the deaths of Brian Day and Shannon Day and of attempted second-degree murder in trying to kill the couple’s baby son.
Howard was convicted of capital murder in 1999, but it was overturned in 2013 because of new evidence the defense didn’t have in his first trial. He has been in custody since December 1997, which is around 17 years and five months, the Texarkana Gazette (https://bit.ly/1PlFvKd ) reported.
A Department of Correction spokeswoman said Howard has to serve half of his 38-year sentence, or 19 years, for his latest conviction before being eligible for parole. If prison officials grant him credit for 17 years, plus another one and a half years for time he spent in jail awaiting a new trial, then it’s possible he could be up for parole.
“However, he will have to re-enter the prison system, submit a parole plan and be seen by the parole board,” spokeswoman Cathy Frye said. She notes that prison officials can only estimate on potential time credited since it takes 30 days for them to receive a sentencing order from the court.
Howard’s lawyer, Patrick Benca, said he believes Howard is entitled to years of good-time credit toward his current sentences. He said that Howard hasn’t shown a behavioral problem while in custody.
Prosecutors argued during the two-week trial that began April 27 that Howard killed Brian Day after stealing drugs from him and killed Shannon Day because he thought she might be pregnant with his child. Defense attorneys argued that Brian Day was a drug dealer who could have been killed by others.
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Information from: Texarkana Gazette, https://www.texarkanagazette.com
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