A man reported 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, has entered a not guilty plea to the charges against him.
The accident happened on State Highway 5 North at about 3:30 p.m. on May 19 last year.
Mountain Home attorney Ben Burnett represents 31-year-old Ethan Hutchinson of Bull Shoals. Burnett waived arraignment for his client and entered the not guilty plea.
According to the accident report, Hutchinson was driving a 2009 Chevrolet pickup truck northbound. Hutchinson’s vehicle crossed the center line and crashed into a white 2011 GMC pickup being driven by then 60-year-old John Wilson.
According to the report on the accident, Hutchinson was traveling north and negotiating a right hand curve when his vehicle crossed the centerline.
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 Hutchinsons phone. It showed that 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.
A blood sample was obtained from Hutchinson and 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.
Hutchinson was charged with negligent homicide, use of wireless telecommunications when driving and careless driving.
Hutchinson was not required to post a bond and is free on his own recognizance. The arrest warrant was never entered into the Baxter County Sheriff’s system. It was apparently served at Hutchinson’s home along Lynette Drive in Bull Shoals by an Arkansas State trooper September 20.
14th Judicial District prosecutor David Ethredge told KTLO, Classic Hits and the Boot News there were a number of considerations that are weighed by a judge in setting a bond, including whether the person was a flight risk or presented a danger to the community.
Ethredge said it was not felt Hutchinson would flee and would not be a danger to the public.
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