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Detectives still gathering evidence in Fragstein case, next hearing Sept. 4

16-year-old Robert Lee Smith and 18-year-old Tacori Mackrell have been arrested for kidnapping, theft of property and murder. They have not yet been formally charged.
Credit: KTHV

CONWAY, Ark. (KTHV) - The two teens accused of kidnapping and murdering an elderly woman in Conway appeared in Faulkner County court today.

16-year-old Robert Lee Smith and 18-year-old Tacori Mackrell have been arrested for kidnapping, theft of property and murder. They have not yet been formally charged.

Today they each met their appointed attorneys for the first time and appeared in court with them in Judge Braswell's courtroom. Mackrell is being represented by Bill James and Smith is being represented by Ron Davis.

They were arrested July 16, about a week after Elvia Fragstein was reported missing. Her husband called police after she never came home from a shopping trip in Conway and her body was found a few days later in Jefferson County.

Her husband was here today. The Faulkner County prosecutor has 60 days from when the suspects were arrested to file charges.

He says there is a lot of evidence, in this case, they're still working through. The attorneys for the suspects both said they currently plan to plead not guilty and at some point will request a bond hearing.

“It allows law enforcement to put together the evidence and review it before rushing that decision. There will be a significant amount of evidence,” Faulkner County Prosecutor Luke Ferguson said.

“[He’s a] young man. He has one juvenile arrest I’m aware of and I think that was for fighting in school. No other criminal history that I’m aware of,” Mackrell’s attorney Bill James said.

Another status hearing is set for Sept. 4.

That’s closer to the 60-day mark that the prosecutor has to file charges, so it will be an opportunity for the judge to ask if those charges have been filed yet.

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