Snow gets 41 years in prison in child injury case
In an emotion packed session of Baxter County Circuit Court Wednesday, Jonathan Snow of Mountain Home was sentenced to 41 years in prison on charges stemming from the infliction of severe injuries to his then three week old son, Alyas.
The jury was out for about an hour before returning with the guilty verdict on first degree battery and endangering the welfare of a minor charges and about the same length of time on reaching sentencing recommendations.
A hush fell over the courtroom at one point as the small boy, Alyas Snow, was brought into the courtroom briefly for jurors to see the results of injuries the boy sustained and the handicaps he will live with for the remainder of his life due to those injuries. The boy was carried into the courtroom by his foster mother, who has cared for him since he was released from Arkansas Children’s Hospital in April last year.
The foster mother told the court the small boy could not talk, was unable to walk, could only briefly hold his head up and was fed through a tube. He is required to make visits to various clinics at Arkansas Children’s Hospital once or twice a month, according to the foster mother.
During Tuesday’s court session, it was estimated that although Alyas was about 20 months old, he was at the level of a six-month-old child developmentally because of substantial injuries to his brain.
The infant was born January 27th last year. The 20-year-old Jonathan Snow is the father and the mother is 31-year-old Alyssia Kirby-Snow. At the time of the baby’s birth, the couple lived together in an apartment complex along State Highway 201 North. They have since married, according to statements made in open court by Alyssia Kirby-Snow.
Alyssia Kirby-Snow is also charged in the incident. She faces first degree battery, permitting child abuse and endangering the welfare of a minor. Her trial could take place in about two weeks.
Charges were filed against the couple as the result of an investigation launched in late February last year when the Mountain Home Police Department received a report from Arkansas Children’s Hospital in Little Rock that it was believed Alyas Snow had suffered serious abuse.
The hospital reported that the infant, who had been listed in critical condition while in the Little Rock pediatric hospital, had lost two pounds since his birth, suffered a fracture to the right clavicle, had sustained numerous bruises as well as bleeding and swelling of the brain, and the infant was suffering seizures.
In the opinion of the medical team which examined the baby, there is no scenario in which a single drop or fall would result in the infant’s extensive, widespread injuries. According to court records, the parents provided nothing but guesses as to how the infant sustained the injuries, but the medical team in Little Rock suspected abuse.
In his closing argument to the jury, Snow’s attorney, Andrew Bailey, pointed the finger at Alyssia Kirby-Snow as a player in the injuries her infant son sustained, as well as for the delay in seeking medical attention for his seizures, which Alyssia Kirby-Snow termed “little fits,” and other medical problems. In testimony Tuesday, Mountain Home physician Michael Adkins, who became visibly emotional when recounting his contacts with the infant, said when he had first seen Alyas Snow the baby had been what he termed a “well child.” He said, however, when Alyssia Kirby-Snow brought the baby to his office slightly more than two weeks later, he was essentially looking at a “lifeless” child. Dr. Adkins said the baby had bruises around the head and showed other abnormal symptoms, such as tremors. Dr. Adkins said he immediately called for an ambulance to get the child to the Baxter Regional Medical Center emergency room. The baby was then airlifted to Arkansas Children’s Hospital after it suffered a seizure in the BRMC emergency room.
Bailey told the jury he did not feel the state had met its burden of proof in showing Jonathan Snow had actually inflicted the injuries on his son. Bailey said his client was a teenager who did not know what to do when his son began exhibiting signs of seizures and other medical problems. Bailey told the jury, “He was doing what he knew to do and he did a bad job in terms of caring for his son, but this does not make him a criminal.”
Bailey pointed out that none of the investigators or doctors who had testified could say Jonathan caused the injuries to his son. Bailey kept saying Alyssia Kirby-Snow was the “better candidate” in terms of being the one responsible for the injuries.
In his closing argument, 14th District Deputy Prosecuting Attorney, Kerry Chism, said the jury needed to ask why Jonathan Snow had not called for help or taken the child to the hospital. He said taking the child to the doctor or hospital would have shown that “this baby had the heck beat out of it.” He said Jonathan Snow knew if this was discovered “it was going to be very bad for him.” Chism told the jurors that Jonathan Snow “may have loved the baby, but he loved himself more” and wanted to avoid letting medical authorities see the severe injuries inflicted on the child. Chism said the delay in seeking medical attention made the long-term effects on Alyas worse.
When Bailey concluded his remarks, he asked the jury to “show mercy for this young man.”
Circuit Judge John Putman asked Snow if he had anything to say before sentence was pronounced and Snow, choking back tears, said he was “sorry for the grief I have caused.” He said he wished he had not delayed seeking medical attention for his infant son. Immediately before being removed from the courtroom and remanded into the custody of the Baxter County Sheriff’s Office to await transportation to the state prison system, Snow was surrounded by members of his family to say their good-byes.
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Harrison man pleads guilty to estranged wife’s murder
A Boone County man will avoid the death penalty after pleading to the shooting death of his estranged wife. According to Springfield television station KOLR, 36-year-old Matthew Bolen of Harrison will spend 75 years in prison after negotiating a plea to charges of first-degree murder, kidnapping and being a felon in possession of a weapon.
Bolen admitted to handcuffing and shooting 26-year-old Heavan Bolen of Harrison on January 22nd. Heavan Bolen died the next day from her injuries at a hospital in Springfield.
The plea agreement was made between Matthew Bolen and his prosecutors in exchange for waiving the death penalty. Bolen was sentenced by Circuit Judge Gordon Webb to 40 years on the murder charge, 20 years for kidnapping and 15 years on the weapon possession charge. His sentences will run consecutively in a state correctional facility.
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Affidavit released for child porn charges against Lakeview man
The arrest affidavit has been released for a Lakeview man, 57-year-old Ronald Herbert Mitchell, who faces 34 counts of distribution, possession or viewing child pornography. Mitchell was arrested by Arkansas State Police Thursday and released from the Baxter County Jail after posting a $10,000 bond.
According to the affidavit, on May 19th a tip was received from the National Center for Missing and Exploited Children advising images of child pornography were uploaded to a specific Internet Protocol (IP) address which was then traced back to Mitchell.
On June 14th a search warrant was executed and a laptop computer was seized. Investigators from the Arkansas State Crime Lab found 44 pictures, three videos and other evidence of child pornography.
He is scheduled to appear in Baxter County Circuit Court at a later date.
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Charges pending following fiery crash
The driver of a stolen vehicle that burst into flames after splitting in two following a chase and a crash in Fulton County is wanted by Mountain Home Police.
Mountain Home Police Investigator Eddie Griffin says the vehicle 20-year-old Larry Tate was driving was stolen from a Mountain Home business. Baxter County Circuit Court records indicate Tate has a suspended driver’s license out of North Carolina.
Areawide Media of Salem reports the crash on September 29th followed a pursuit by Fulton County authorities. The pursuit began after a Fulton County deputy observed Tate driving erratically in Viola and crossing the center line of the highway. An unsuccessful attempt to conduct a traffic stop led to the pursuit reaching speeds in excess of 100 miles per hour. Once the chase started, Tate began passing traffic and driving in the wrong lane at times.
When topping a hill, the deputy observed flying debris after Tate’s vehicle hit a concrete culvert at a gate going into a pasture. The car was severed at the windshield, with the front portion of the car on the north side of the highway and the rest of the car on the south side eventually bursting into flames.
Tate was taken by air ambulance to Cox South in Springfield.
The day prior to the crash, Administrative Office of the Courts records indicate Tate entered a guilty plea in Baxter County Circuit Court to a felony charge of theft by receiving in connection with another stolen vehicle.
According to the arrest affidavit, Tate was stopped by an Arkansas State Police Trooper on U.S. Hwy. 62/412 east of Mountain Home. The stop was initiated when Tate failed to dim the headlights of the truck he was driving for the vehicle in front of the trooper. A check of the vehicle license indicated the truck was reported stolen from Fulton County.
When the trooper asked for Tate’s license and insurance, he reportedly said the vehicle belonged to his grandmother, and he did not know the location of the insurance. When asked where he was staying, Tate said in a buddy’s truck. He then said the truck belonged to his buddy and his grandmother.
When advised the truck may be stolen and asked where his grandmother lives, Tate said he could not remember because she moves a lot.
Tate was sentenced to 72 months of supervised probation on the theft by receiving charge in connection with the first stolen vehicle.
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Smakal wins MH School Board runoff for the Position 3 Seat
Challenger Daniel Smakal has won the Mountain Home School Board runoff for the Position 3 Seat.
According to the Baxter County Election Commission a total of 344 votes were cast for Smakal and 321 votes were cast for incumbent Ben Strider.
A total of 665 votes were cast with Smakal receiving 51 percent and Strider receiving 49 percent.
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