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 last Monday. Instead, Ben Burnett, the attorney representing 31-one-year-old Ethan Hutchinson, appeared for his client and asked the court to continue his client’s case yet again.
It is the seventh time a continuance has been requested and approved in the case.
Circuit Judge John Putman ordered Hutchinson to appear June 24.
The original trial date was set for February 26, but has been put off based on the defense’s request for continuances.
THE ACCIDENT
The accident happened on State Highway 5 North on May 19, 2022.
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 Wilsons 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 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.
It has taken some time to get Hutchinson before a court. Case documents show the fatal accident happened May 19, 2022, and the charges against Hutchinson were not filed until September 15, 2023 – one year and almost four months after the incident.
One factor which 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.
In addition, there were reported to have been several significant 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 defendants home, the initial stages of Hutchinsons arrest fell well outside normal procedure, according to a person familiar with the process.
WebReadyTM Powered by WireReady® NSI