A man said to have admitted being distracted by changing the music selection on his cellphone when he crossed the centerline and struck another vehicle, killing its driver, was scheduled to appear in Baxter County Circuit Court Monday.
Thirty-one-year-old Ethan Hutchinson of Bull Shoals did not appear, however, because Hutchinson’s attorney, Ben Burnett of Mountain Home, filed a motion June 17 to suppress evidence in the case.
A hearing on the motion is set for July 29.
The reasons for suppressing evidence outlined in the motion include that a blood draw taken from Hutchinson was done without a warrant. Information obtained from that blood draw should not be used against Hutchinson, Burnett argues. He also claims that any consent given by Hutchinson was based on “duress or fear of criminal prosecution.”
The blood sample was sent to the Arkansas Crime Laboratory. According to the probable cause affidavit, Nordiazepam, a Schedule IV narcotic, was present in his system.
The drug is used primarily for the treatment of anxiety.
In the motion to suppress, Burnett also argues that when the blood draw was done, Hutchinson had been given medication intravenously at Baxter Health due to his injuries.
FILING NOT MADE IMMEDIATELY
It took some time to initially get Hutchinson before a court. Case documents show the fatal accident happened May 19, 2022, and the charges were not filed until September 15, 2023 – one year and almost four months after the incident.
One factor reported to have caused the delay in filing charges was blood work that had to be done at the state crime lab and a check of Hutchinson’s cellphone to verify his claim that he was trying to change music selections on the phone at the time of the accident.
The original trial date was set for February 26 but has been put off based on numerous requests for continuances made by the defense.
THE ACCIDENT
The fatal accident happened on Arkansas Highway 5 North.
According to the incident report, Hutchinson was driving a 2009 Chevrolet pickup truck northbound when it crossed the center line and crashed into a white 2011 GMC pickup being driven by then 60-year-old John Wilson.
Wilson died in the accident. Hutchinson and a passenger in Wilson’s truck were taken to Baxter Health for treatment of their injuries.
A search warrant was obtained in order to check the contents of Hutchinson’s phone. It showed there was a song paused on the Spotify App, consistent with Hutchinson changing his music selection. No other activity showed on the device at the time of the crash.
Hutchinson’s charges include negligent homicide, use of wireless telecommunications when driving and careless driving.
PROCEEDURAL CHANGES
In addition to the delay in opening the case, there were several significant and unexplained procedural changes made in the initial handling of Hutchinson’s case.
Despite the seriousness of the crime, records do not show that Hutchinson was required to post a bond of any kind and has been free on his own recognizance.
Even though he faced a charge of negligent homicide, Hutchinson was never formally booked into the jail, and his mugshot was not taken or displayed on the jail website as is normal procedure.
It was reported an Arkansas state trooper delivered the arrest warrant to Hutchinson’s home in Bull Shoals where it was served.
Because of the lack of a formal booking, allowing an O.R. bond in a death case and reportedly having a state trooper deliver a warrant to the defendant’s home, the initial stages of Hutchinson’s arrest fell well outside normal procedure, according to a person familiar with the process.
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