Man Accused of Killing 2 Hikers Seeks to Bar Prosecutor from Death Penalty

Attorneys claim prosecutor violated gag order with public comments about the case

Published on Feb. 24, 2026

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Attorneys for Andrew James McGann, who is charged with fatally stabbing two Arkansas hikers in front of their children, have asked a judge to bar the prosecutor, Brandon Carter, from seeking the death penalty against McGann. The attorneys claim Carter violated a gag order by making public comments about the case, including in a video for his appeals court judge campaign and a speech to a civic group.

Why it matters

This case highlights the challenges of balancing a defendant's right to a fair trial with a prosecutor's ability to discuss high-profile cases publicly, especially when the prosecutor is also running for elected office. The attorneys' motion to bar the death penalty is an attempt to mitigate the potential impact of the prosecutor's comments on the jury pool.

The details

McGann was charged last year with the stabbing deaths of Clinton David Brink, 43, and Cristen Amanda Brink, 41, while they were hiking in Devil's Den State Park. The judge in McGann's case issued a gag order prohibiting attorneys from making any statements regarding evidence, McGann's guilt or innocence, or likelihood of conviction. However, McGann's attorneys claim Carter violated this order by mentioning the case in a campaign video and a speech to a civic group, even though he did not discuss specific evidence or McGann's guilt.

  • McGann was arrested in Springdale, located about 30 miles north of Devil's Den, days after the Brinks' killing in 2025.
  • A hearing date is set for April 2026 in the case.

The players

Andrew James McGann

The man charged with fatally stabbing two Arkansas hikers in front of their children.

Brandon Carter

The prosecutor in the case, who is also running for a state appeals court judge position.

Clinton David Brink

One of the two hikers killed in the attack.

Cristen Amanda Brink

The other hiker killed in the attack, along with her husband Clinton.

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What they’re saying

“The prosecuting attorney's politicization of this case substantially increases the likelihood of a tainted jury pool, and it should go without saying that the use of this case as a political vehicle is unacceptable.”

— McGann's attorneys (arkansasadvocate.com)

“This both borders on the absurd, and it is not what is ordered in the court's order limiting pretrial public statements.”

— Brandon Carter, Prosecutor (arkansasadvocate.com)

What’s next

A hearing date is set for April 2026 to determine if the prosecutor will be barred from seeking the death penalty against McGann.

The takeaway

This case highlights the delicate balance between a defendant's right to a fair trial and a prosecutor's ability to discuss high-profile cases publicly, especially when the prosecutor is also running for elected office. The attorneys' motion to bar the death penalty is an attempt to mitigate the potential impact of the prosecutor's comments on the jury pool.