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Prosecutors say Fragstein murder was 'not an average kidnapping' on 1st day of trial

Prosecuting attorney Carol Crews said Mackrell and his cousin Robert Smith made the decision to come to Conway from Pine Bluff to look for the "right victim."

CONWAY, Arkansas — The murder trial for one of two men accused of kidnaping a woman from a Conway shopping center and killing her is now underway.

20-year-old Tacori Mackrell is charged with capital murder in the 2018 death of Elvia Fragstein and could face the death penalty.

Mackrell has been accused of kidnapping Fragstein from a TJ Maxx in Conway then killing her and dumping her body in Jefferson County.

During opening arguments Thursday, Faulkner County prosecuting attorney Carol Crews said Mackrell and his cousin Robert Smith made the decision to come to Conway from Pine Bluff to look for the "right victim" and that this was "not an average kidnapping."

Crews said surveillance video shows the teens going through stores and the shopping center parking lot for more than an hour the afternoon of July 7, 2018. 

Cameras also reportedly captured them walking by TJ Maxx right before Fragstein disappeared.

That was the last place the 72-year-old was seen alive.

According to prosecutors, Mackrell, who was 18-years-old at the time, initially told detectives he knew nothing about what happened but later changed his story.

He allegedly told investigators a third man with a gun forced him and his 16-year-old cousin to abduct Fragstein.

According to the state, Mackrell said Smith was driving, which put him in the backseat with Fragstein.

He said she was hit and beaten on the drive from Conway to Jefferson County.

The state claimed Fragstein died a "violent and brutal death because she’s the one [Mackrell] selected."

A farmer found Fragstein’s decomposing body several days later in a rural area several miles south of Pine Bluff’s airport.

During his opening statements, defense attorney Bill James said his client was involved, was in the back seat with Fragstein, and that most of his conduct is going to be proven.

However, he argued the plan was not as intricate as the state alleges.

He also outlined Mackrell’s childhood, the difficulties he faced, and told the jury they’ll hear from doctors who say his past and a conduct disorder helped lead to his decisions.

James told the jury the big question for them is whether Mackrell has the culpable mental state to be found guilty of capital murder.

The jury heard from almost a dozen witnesses Thursday, including investigators involved in the case and Fragstein’s husband.

Helmut Fragstein became emotional on the stand as he described the last time he saw his wife before she went out shopping that day.

Mr. Fragstein said his wife left home without a cell phone – something that was typical. He said he became concerned when she didn’t return home in time for dinner.

That concern grew and Mr. Fragstein eventually called 911. He detailed his efforts to help investigators, which included providing them with his wife’s credit card transactions from the day she disappeared.

Mr. Fragstein became emotional a second time just before leaving the witness stand as the prosecuting attorney showed him a surveillance photo of his wife exiting the TJ Maxx – the last time she was seen alive.

The court is in recess until 9 a.m. Friday. 

According to the prosecuting attorney's office, the trial could last up to two weeks. 

Stay with THV11 for the latest developments.

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