A Faulkner County man pleaded not guilty to a capital murder charge stemming from his mom’s Jan. 2 shooting death.
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.
Bivens, who is being held without bond in the county jail, pleaded not guilty in circuit court Tuesday to charges stemming from the Jan. 2 incident.
His attorney, Gina Reynolds, asked the judge for a May pretrial as the defense waits for prosecutors to collect evidence.
"We would like the May 23 [pretrial date]," she asked Circuit Judge Charles "Ed" Clawson Jr. "We don’t have any discovery and have some other things we’d like to work on."
Clawson granted Reynolds’ request. He also noted Chief Deputy Prosecuting Attorney Hugh Finkelstein had filed a notice with the circuit clerk’s office stating prosecutors were not seeking the death penalty in this case.
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 around 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 affidavit reads. "Douglas Honley Bivens told Sgt. Darrell Freeman that he had just shot his mother and told him where her body was."
FCSO found Janette by her vehicle with an apparent gunshot wound to her face.
Douglas’ father, 73-year-old Don Bivens, was taken to Conway Regional Medical Center after authorities found him inside the home with a gunshot would in his arm.
Two juveniles who were at the home during the incident were put in the family’s custody on the scene.
Formal charges against Douglas were filed Feb. 1.