A Howard County (AR) man was formally charged with capital murder in Montgomery County Circuit Court (AR) in the death of Anthony "Tony" Yarrows, 75, of Pencil Bluff early last week. Charles Mallicoat, 48, of Umpire (AR) was picked up in Howard County early Wednesday morning, May 2, and transported to Montgomery County for allegedly slaying Yarrows with a shovel on the side of Highway 270 at Sweetwater Creek about three quarters of a mile east of the Scott County line.

Mallicoat had a plea of not guilty entered for him at the arraignment at 9:00 a.m. Friday, May 4, by Circuit Judge Gayle Ford. Mallicoat testified that he was indigent and needed an attorney appointed for him. Ford appointed attorneys Bill McKimm of Mount Ida and Will Keadle of Glenwood to represent Mallicoat. He set July 23 as the date for trial in Montgomery County Circuit Court.

Montgomery County Sheriff James Roy Carmack said vehicle theft and robbery was the motive for the killing. Yarrows was found around 5:00 p.m. May 1 by Orville Henry. Yarrows has been reported missing by friends the afternoon of May 1 and his truck was reportedly seen just off Highway 270 on the shoulder near the Sweetwater Creek bridge. Carmack said he and Bill Rogers of Oden were on their way to investigate when they were stopped by Henry who told them he had found Yarrows dead down an embankment where the truck was parked.

Carmack said Lucian Dobbs of Pencil Bluff was already at the scene when they arrived, though Dobbs reported he had been there for only a couple of minutes before them. Dobbs told the sheriff that he had seen Yarrows traveling west on Highway 270 about a mile west of Mount Ida at 1:10 p.m. April 30. He stated that he had seen a hitchhiker about 10 minutes before that at the junction of Highway 88 and Highway 270 in Pencil Bluff. Dobbs was unable to provide a description of the hitchhiker and he and Rogers left to go to Pencil Bluff to attempt tp get a better description. At a residence in Pencil Bluff, Rogers suffered a massive heart attack and died.

Meanwhile Carmack, Deputy Vernon Caughran, City Marshall Waymon Scott and State Investigator Russell Welch did a crime scene investigation as rain began to fall Tuesday night. State crime lab officials arrived at approximately 10:00 p.m. Carmack said a shovel was found next to the body with the handle broken into several pieces. Yarrows died from a blow to the head. The shovel is believed to be the murder weapon. Carmack said descriptions of the hitchhiker resembled those of Mallicoat who had been in the Montgomery County jail earlier April 30 for public intoxication. At the time authorities thought a .22 caliber rifle was missing from Yarrows' truck but it was later found at his trailer north of Pencil Bluff. Carmack said Mallicoat left a "clear and convincing trail: from the time he was released from Montgomery County jail, to Pencil Bluff to Y City to Oklahoma and finally to Howard County where he was arrested. Mallicoat allegedly stole two vehicles in Howard County before being picked up by Howard County officials.

Carmack said Mallicoat had been picked out of lineup May 2 by several witnesses. He also said a witness had seen Mallicoat in a confrontation with Yarrows at the scene of the crime the afternoon of April 30. The witness stated he was going to stop but thought the two had resolved their differences. Asked why Mallicoat would have left Yarrows' truck at the scene instead of using it to get away, Carmack replied that starting Yarrows' truck took a "combination." He went on to say the truck could only be started by turning the ignition key to the on position and juggling the gear shifter in and out of neutral position until it made contact.

Mallicoat‘s alleged activities prior to finding the murdered Yarrows and his subsequent arrest were as follows:

Thursday, April 26
Mallicoat meets a former resident of Norman at a bar on the Oklahoma border on Highway 270 and 59 west of Acorn. They return to Norman together.

Friday, April 27
The sheriff's office receives a complaint about a drunk in Norman and is told about the possibility of a stolen vehicle being involved. Mallicoat is arrested around 6:00 a.m. in Norman for public intoxication. Carmack says an investigation indicated the vehicle was stolen in Oklahoma City but authorities there so not press charges.

Monday, April 30
Mallicoat pays fine and is released from jail at 12:30 p.m. He is seen hitchhiking in Pencil Bluff and later around 3:00 p.m. he is seen with Yarrows.

Wednesday, May 2
Mallicoat is arrested around 5:00 a.m. in Howard County by the sheriff's office there and is returned to Montgomery County around noon. He is picked out of a lineup by several witnesses and charged with capital murder

NO FOUL PLAY SUSPECTED

A 51-year-old Correction Department inmate with a history of respiratory problems was pronounced dead on arrival yesterday morning at Jefferson Regional Medical Center, a prison spokesman said.

The spokesman, Davis White, said personnel at the Cummins Unit Infirmary discovered that Charles Malicoat wasn't breathing and began cardiopulmonary rescusitation. He was immediately transported to the hospital, White said.

Coroner Havis Hester of Jefferson County said he was called to the hospital at 5:15 a.m., 20 minutes after doctors there had pronounced the inmate dead.

Malicoat had a long history of severe respiratory problems, including emphysema, and had been admitted to the Cummins infirmary Friday morning after complaining of breathing difficulty, White said.

White said the death was believed to be natural and that no foul play was suspected, which Hester confirmed. The body has been sent to the state medical examiner's office at Little Rock for an autopsy, White said, which is standard procedure when an inmate dies.

Malicoat was severing a life without parole for capital murder from Montgomery County. He was received by the department in September, 1984.

**Charles was the son of Charles Newton & Valerie Lora (Kesterson) Malicoat.
**Charles died in Prison 29 March 1986