Photo: Carol May Boviall
A Norfork woman who is alleged to have backed her vehicle over a brother and sister waiting on a school bus in early November last year is waiving a jury trial, and her case will be heard by a judge only. The announcement came in Baxter County Circuit Court Thursday.
Gray Dellinger of Melbourne, the lawyer representing 58-year-old Carol May Boviall, asked the trial be continued, and it was scheduled for early December.
According to the probable cause affidavit, Boviall was reported to have been at her son’s home in Norfork on the day of the incident when some sort of argument broke out. The defendant was alleged to have left the son’s residence in a “hurried manner,” backing her SUV onto Main Street and traveling almost 53 feet backward before running into the two teenagers standing at their normal school bus stop.
A third child is reported to have run up to Boviall’s vehicle and screamed at her to pull up because the two teenagers were pinned under the SUV. The third child said Boviall did not seem aware she had hit the brother and sister.
After the accident, a voluntary blood sample was drawn from Boviall and sent to the Arkansas State Crime Laboratory. The lab reported the blood sample tested positive for methamphetamine.
The two injured teens were taken to Baxter Regional Medical Center by ambulance for treatment of their injuries.
The mother of the two students said her 15-year-old son suffered a broken collarbone, nose and septum — all of which had to be surgically repaired. The 13-year-old daughter suffered a shoulder injury and a muscle tear. Both of the injured teens were referred to the neurology unit at Arkansas Children’s Hospital in Little Rock. The daughter was reported to have suffered seizures after the accident, according to the probable cause affidavit.
Boviall is charged with two counts of first-degree battery, driving while intoxicated and careless and prohibited driving. The latter two charges are misdemeanors.
According to an incident report filed by the Baxter County Sheriff’s Office, Boviall is alleged to have recently violated a no contact order prohibiting her from interacting with the teens and their family. On Sept. 11, a Baxter County deputy sheriff went to the home of the victims. It was reported Boviall and a male companion had been near the residence loudly revving the engine of the pickup truck they were in. The male was also reported to have yelled profanities at the mother of the victims.
The mother said she told the man driving the truck and Boviall there was a no contact order in place and the Norfork woman was not allowed to be around or communicate with the two victims or their family members. Boviall was alleged to have given her incorrect interpretation of the law in a loud voice. She was alleged to have said the no contact order had been issued against her, but there was no such order against the male. She was reported to have told the victims’ mother the man could “do whatever he pleased.” Boviall appeared to overlook the fact she was in the same truck with the man and sitting the same distance from the house and was communicating with the mother of the victims — all of which did violate the order.
After the demonstration of engine revving and verbal exchange with the victims’ mother, Boviall and the male are reported to have driven off.
The incident report was forwarded to sheriff’s office investigators and the Norfork Police Department.
In early March, Boviall also ran afoul of the law. She was booked into the Baxter County jail charged with driving while her license was suspended for DWI and having no proof of liability insurance.
She is free on $20,000 bond pending her trial.
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