3:30 p.m. update - 

Felony charges were filed Friday by Cody Hiland, 20th Judicial District prosecuting attorney, against Richard Conte, former Nevada emergency room physician,  for the 2002 deaths of Carter Elliott, 48, and Timothy Robertson, 25, of Conway.

Conte has served approximately nine years of a 15-year sentence in a Nevada correctional unit for other charges of administering a drug in the commission of a felony and kidnapping his ex wife, Lark Gathright-Elliott, also the ex-wife of murder victim Carter Elliott.

Conte was scheduled to be released on Sunday, but he will be held on a warrant for two counts of capital murder.

"Charges have been filed against Richard Conte and that information will be faxed to a correctional facility in Nevada. The hold will be placed on Mr. Conte while we await extradition," said Hiland.

Conte was never tried in the murders of Elliott and Robertson, though a Log Cabin article dated May 18, 2003 that was published one year after the murders took place quotes then Conway Police Department Maj. Mark Elsinger as saying that Conte was the primary suspect with a "large amount of circumstantial evidence."

Elsinger told the Log Cabin that Conte "was not even on (the) radar screen" until victim Carter Elliott's ex-wife, Lark Gathright-Elliott, was rescued approximately one month after the double homicide from Conte's Douglas County, Nev. home where she was bound to a bed for at least two days.

"We've felt all along that there was enough evidence to warrant charges," said Conway Police Chief A.J. Gary. "It is up to the prosecutor to make the final decision. We can't speak for the prosecutor at the time as to why charges weren't filed back in 2002."

H.G. Foster was the prosecuting attorney for the 20th Judicial District at the time of the murders, and Marcus Vaden took the position in 2006.

Hiland followed.

In a recent interview, Elsinger told the Log Cabin that there was "no doubt" in his mind that Conte is guilty in the shooting deaths of Elliott and Robertson.

The 2002 murders occurred at the Shady Valley subdivision in west Conway at Elliott's home, where initial reports stated that the two were working together to build a deck.  

Ashley Waldron, daughter of murder victim Elliott and kidnapping victim Lark Gathright-Elliott, told the Log Cabin Thursday that she believed that Conte, who was her step-father for a brief three months, murdered her father. 

"...I'm pleading for protection for me and my family," she said. "This situation is looming over us, and it will for the rest of my life. I just want some protection against Conte and whatever he could do if he were to get out of prison."

Waldron said that her family "has been waited for a long time for justice."

Hiland filed the charges for two counts of capital murder at 11 a.m. the morning after Waldron was interviewed. 

Waldron's phone was not accepting incoming calls on Friday and she could not be reached for comment.

On behalf of family and friends, Elliott's business partner and friend Danny Cook said that "Carter's loved ones and friends are thrilled."

"We are thrilled that Cody has chosen to pursue the case. We were gravely disappointed that past prosecutors did not. We're very happy that he is moving forward with the case," Cook said, adding that Carter Elliott's children would rest easier with the knowledge that Conte would still be in custody on Sunday.

At the time of Carson's sentencing in the kidnapping case in 2003, an AP article stated that Conte entered a plea agreement where he agreed to forfeit more than 100 weapons and other items, including handguns, rifles, knives, Taster guns,  grenades and a grenade launcher.

Waldron stated in the article that her mother told her that Conte's home was equipped with machine guns, grenades and machetes, all of which he "laid out on the bed...".

In July of 2008, the Nevada Appeal reported that at Conte's parole denial, he appeared in court via closed-circuit television in a wheelchair, suffering from multiple sclerosis.

Following Conte's extradition, he will be tried for two counts of capital murder in Faulkner County court. It is not yet known when the trial will take place.

 

Final update. 

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1 p.m. update - 

Felony charges were filed Friday by Cody Hiland, 20th Judicial District prosecuting attorney, against Richard Conte of Nevada for the 2002 deaths of Carter Elliott, 48, and Timothy Robertson, 25, of Conway.

Conte has served approximately nine years of a 15-year sentence in a Nevada correctional unit for other charges of administering a drug in the commission of a felony and kidnapping his ex wife, Lark Gathright-Elliott, also the ex-wife of murder victim Carter Elliott.

Conte was scheduled to be released on Sunday, but he will be held on a warrant for two counts of capital murder.

"Charges have been filed against Richard Conte and that information will be faxed to a correctional facility in Nevada. The hold will be placed on Mr. Conte while we await extradition," said Hiland.

Conte was never tried in the murders of Elliott and Robertson, though a Log Cabin article dated May 18, 2003 that was published one year after the murders took place quotes then Conway Police Department Maj. Mark Elsinger as saying that Conte was the primary suspect with a "large amount of circumstantial evidence."

Elsinger told the Log Cabin that Conte "was not even on (the) radar screen" until victim Carter Elliott's ex-wife, Lark Gathright-Elliott, was rescued from Conte's Douglas County, Nev. home where she was bound to a bed for at least two days.

"We've felt all along that there was enough evidence to warrant charges," said Conway Police Chief A.J. Gary. "It is up to the prosecutor to make the final decision. We can't speak for the prosecutor at the time as to why charges weren't filed back in 2002."

 

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A.m. story -

Felony charges were filed Friday morning by Cody Hiland, 20th Judicial District prosecuting attorney, against Richard Conte for the 2002 deaths of Carter Elliott, 48, and Timothy Robertson, 25, of Conway.

 

Conte has served approximately nine of a 15-year sentence in a Nevada correctional unit  for other charges of administering a drug in the commission of a felony and kidnapping his ex-wife Lark Gathright-Elliott, also the ex-wife of murder victim Carter Elliott. 

 

Conte was scheduled to be released on Sunday, but he will be held on a warrant for two counts of capital murder.

 

"Charges have been filed against Richard Conte and that information will be faxed to a correctional facility in Nevada. The hold will be placed on Mr. Conte while we await extradition," said Hiland.

 

Charges were never filed against Conte in the 2002 murders, Hiland said. 

Check back for updates.