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On Sept. 15, detective Jeff Carter and other members of Fort Smith and Oklahoma law enforcement went to arrest Elvis Aaron Thacker, 22, and Johnathan Don James Edward Thacker, 21, on a rape complaint and to speak with them about the Sept. 13 slaying of 22-year-old Briana Jane Ault.
Elvis Thacker allegedly stabbed detective James Melson, and Carter shot Thacker, according to a police report.
Elvis Thacker remains in critical condition at Sparks Regional Medical Center, according to a nursing supervisor.
Shue said a review of the video taken from detective Kyle Story's Taser confirmed officer statements that Elvis Thacker repeatedly stabbed Melson and refused to respond to multiple orders to drop the knife and to being shocked with a stun gun before Carter shot him twice.
"There was no peaceful resolution of the situation confronted by detective Jeff Carter as detective James Melson had already been stabbed prior to the shooting," Shue wrote.
Shue also noted in his report that before the warrant was served:
◗ Elvis Thacker left a threatening voice mail for Carter.
◗ Carter was aware that the woman who reported the Thacker brothers raped her had told police that Elvis Thacker threatened to cut her throat during the attack.
◗ Carter was aware that Elvis Thacker was a person of interest in the death of Ault, whose throat had been cut.
"Considering the totality of the circumstances, detective Jeff Carter had a reasonable belief that Elvis Thacker was using deadly physical force on detective James Melson, and Thacker would do so to himself and other officers," Shue wrote.
Elvis and Johnathen Thacker are charged in Sebastian County with attempted capital murder related to the attack on Melson and rape.
Johnathen Thacker has pleaded not guilty to attempted capital murder.
The Thackers haven't been arraigned on the rape charge yet.
Both are charged with first-degree murder in LeFlore County, where authorities believe Ault was killed near Lead Cemetery in Pocola.
Johnathen Thacker told Oklahoma State Bureau of Investigation agents that Ault picked up him and his brother Sept. 13, and they had her drive them to Texas Road in Pocola where Elvis Thacker attempted to rob her, according to an affidavit filed with the Oklahoma criminal information.
When Ault told Elvis Thacker she had no money, he sexually assaulted her, Johnathen Thacker told investigators.
Elvis Thacker then walked her to a nearby pond and asked his brother to help him drown Ault, but Johnathen Thacker told investigators he refused and walked back to the car.
When Elvis Thacker returned to the car alone, he said he cut Ault's throat after he was unable to drown her, Johnathen Thacker said, according to the affidavit.
Johnathen Thacker led Fort Smith police to a vacant residence in Cedarville, where they recovered clothes Elvis Thacker wore the night of Ault's death and the knife investigators believe was used to kill her, according to a police report.
Attempted capital murder in Arkansas is a Class Y felony punishable by 10 to 40 years or life in prison. Rape is also a Classy Y felony in Arkansas.
First-degree murder in Oklahoma is punishable by death, imprisonment for life or imprisonment for life without parole
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