Murder Evidence Leaves Questions

August 8, 2003 - Posted at: 6:25 p.m. CDT 

POCAHONTAS, Ark. -- The new evidence released in the arrests of Billy Green and his sons, Charles and Jason, has left many unanswered questions.

All three of the Greens are facing charges in connection with the massacre of the Carl Allan Elliott family, of Dalton, five years ago.

While the arrest affidavits offer plenty of probable cause for the arrests they don't give out the "smoking gun" so to speak.

All of the evidence that was released in the twenty two pages is dated 2001 and earlier, so why did it take two more years before the arrests and Billy Green and his boys?

Randolph county Sheriff Brent Earley said, "I couldn't really say, I wasn't sheriff at the time. I don't know why they didn't go forward with it.  In the prosecutors mind, my mind and the state police's mind, we had enough for probable cause to make an arrest and that's what we did based on that affidavit."

Most of the evidence in the documents was circumstantial and here say from witnesses who claim the Green brothers bragged about killing the Elliot family over some drug money that wasn't paid. The affidavit also introduced bullet, blood and hair evidence, but no mention of finding the murder weapon, or a positive DNA match, or a witness who actually saw the killings.

According to Sheriff Earley, "There is more to come, I can't absolutely say there's going to be the nail in coffin. But there is more to come and I don't know when it's going to come. You might not hear it until the trial."

But if witnesses point the finger at Charles and Jason, saying they bragged about the murders of the Elliots and the rape of 8 year old Felicia, then why is Jason not facing the same murder and kidnap charges as his dad and brother?  He's facing two counts of criminal apprehension.  That has led some to speculate Jason may be willing to testify against them both.

Sheriff Earley said he can't comment about that at this point but did say, "I will make it known that at anytime, if we choose to, we can charge him with the four counts of capital murder and one count of kidnapping, as we have the other two. And at this time the prosecutor hasn't chosen to do so, I just don't want to comment on why."