Attorneys Claim Prosecutor Violated Gag Order in Devil's Den Murder Case

Defense says campaign videos could prejudice potential jurors against their client.

Published on Feb. 25, 2026

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Attorneys for Andrew James McGann, who is accused of killing two people at Devil's Den State Park in Arkansas, have filed a motion alleging that the prosecutor, Brandon Carter, violated a court-ordered gag order through campaign videos posted on social media during his run for the Arkansas Court of Appeals. The defense argues that Carter's statements could prejudice potential jurors against McGann, compromising his right to an impartial jury.

Why it matters

Gag orders are put in place to ensure a fair trial by preventing prejudicial pre-trial publicity. If the defense's claims are valid, it could jeopardize the prosecution's ability to seek the death penalty and lead to a mistrial or other complications in the high-profile double murder case.

The details

McGann is accused of killing Clinton David Brink and Cristen Amanda Brink, a Prairie Grove couple, while they were hiking at Devil's Den State Park in July 2025. Their two young daughters were not injured. Authorities arrested McGann after a five-day search, capturing him in Springdale. The defense is arguing that statements made by Prosecutor Brandon Carter in his campaign videos discussing the case could unfairly sway potential jurors, and they are asking the court to bar Carter from seeking the death penalty as a result.

  • In July 2025, the Brinks were killed while hiking at Devil's Den State Park.
  • Authorities arrested McGann after a five-day search in Springdale.

The players

Andrew James McGann

The man accused of killing two people at Devil's Den State Park.

Brandon Carter

The Washington County Prosecutor who is running for the Arkansas Court of Appeals.

Clinton David Brink

One of the victims killed at Devil's Den State Park.

Cristen Amanda Brink

One of the victims killed at Devil's Den State Park.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

The court has not yet ruled on the defense motion.

The takeaway

This case highlights the importance of adhering to gag orders to ensure a fair trial, as well as the potential consequences when prosecutors are perceived to violate those orders, even inadvertently, through public statements.