Judge Pushes Elvis Thacker Trial Back To April After Defense Asks For Another Witness

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POTEAU (KFSM) — As jury selection was about to get underway in the Elvis Thacker murder trial Monday (Jan. 11), a judge pushed the trial back to April after the defense requested the inclusion of another witness.

Thacker is charged with first-degree murder in the killing of Briana Ault and the prosecution is seeking the death penalty. Ault’s body was found in a Pocola pond in September 2010.

On Monday, the defense told the judge they were served with a psychological evaluation for Thacker Friday and wanted to include the doctor who performed it as a witness, but needed more time to prepare. The prosecution argued they will need to review the findings as well and prepare a rebuttal witness.

The judge rescheduled the trial to April 4 and will meet with the defense and prosecution on March 3 to make sure there are no more delays.

Investigators said Ault knew Elvis Thacker and his brother Johnathen Thacker, and had given them a ride before she was murdered.

Johnathen Thacker was also accused of the crime.

Four years after the murder, prosecutors were also seeking the death penalty in his case. Johnathen Thacker took a plea deal of guilty of first-degree murder and life in prison. Part of his plea is also to testify against his brother Elvis Thacker at the upcoming trial.

The trial is expected to take several weeks.