Motion Puts Elvis Thacker Trial on Hold

Elvis and Johnathen Thacker

An attorney for Elvis Thacker, the man accused of murdering a Fort Smith woman and dumping her body in a LeFlore County pond, filed a motion to determine competency Tuesday.

Thacker and his brother Johnathen, who are both facing first degree murder charges in the 2010 death of Briana Ault, appeared in LeFlore County district court in Poteau.

A Nov. 16 arraignment was set for Johnathen. A court date for Elvis Thacker will be put on hold until a mental evaluation is completed.

Both have pleaded not guilty to first degree murder charges in the case. The brothers are already serving time to unrelated rape and kidnapping charges in Arkansas.  

Court documents showed the two are also charged with attempted capital murder of a Fort Smith police officer, after they stabbed a detective who went to question them at their home about the Ault case.

LeFlore County District Attorney Jeff Smith said his office will not make a determination on whether they will seek the death penalty in the Ault case until after district court arraignment and a preliminary hearing.