A Texarkana man accused of fatally shooting another over a parking space at a Texarkana, Ark., gas station will face a second jury Monday.
Marvin Arrell Stanton, 51, was found guilty of murder by a Miller County jury in May 2016 in the Sept. 25, 2015, shooting of Jesse James Hamilton, 22, in the parking lot of the Raceway convenience store and gas station on State Line Avenue in Texarkana, Ark. Stanton was sentenced to life plus 15 years.
The following May, the Arkansas Supreme Court tossed Stanton's conviction and ordered a new trial in an opinion that found the jury heard testimony about Stanton's prior aggressive conduct during the guilt or innocence phase of trial that shouldn't have been admitted.
Jury selection in Stanton's case is scheduled to begin Monday morning at the Miller County courthouse in downtown Texarkana before Circuit Judge Kirk Johnson. Opening statements and testimony are expected to begin once a jury is seated.
At Stanton's first trial, witnesses testified that Stanton started a fight with Hamilton in the parking lot of the Raceway over a parking spot Sept. 25, 2015. Stanton, a much larger man than Hamilton, pulled up on a motorcycle and demanded Hamilton move his pickup from the spot where Stanton regularly preferred to park his bike, witnesses said.
Witnesses testified that Stanton started a physical confrontation with Hamilton, but Stanton claimed Hamilton stepped on his toes in an attempt to knock him from his feet. As the two men fought, Hamilton got the better of Stanton, who pulled out a .45 caliber pistol and shot Hamilton in the abdomen after a friend of Stanton's pulled Hamilton away, according to witness testimony.
Stanton claimed he fired in self-defense. Stanton is being represented by Little Rock lawyer Patrick Benca. Benca did not represent Stanton in his first trial. Prosecuting Attorney Stephanie Barrett and Chief Deputy Prosecuting Attorney Chuck Black are handling the case for the state.
If convicted of murder, Stanton faces 10 to 40 years or life in prison. He is currently free on bond.
Hamilton's mother, Rebecca Jeanes, filed a civil suit against the gas station's owner and operators, RaceTrac Petroleum and Newark Petroleum Inc. doing business as Raceway Petroleum.
The suit argued that the owners knew the gas station was frequently the site of criminal activity and had previously agreed to have security on site during the hours when reports of trouble peaked. There was no security on site the night Hamilton was killed in the parking lot.
The case settled in June. According to probate records, $695,000 has been placed in a trust for the benefit of the child Hamilton left behind.