A former Baxter County deputy sheriff and school resource officer at Cotter charged with seven counts of sexual assault involving a then 16-year-old female student was in Baxter County Circuit Court Thursday for hearings on motions filed in the case by defense attorney John Crain.Thirty-three-year-old Matthew Guthrie is set to go on trial March 16.
One of the motions asks the court to allow Crain to interview the victim.
Crain writes he was refused permission by the girl’s parents to talk with the minor. The state has responded it is the prerogative of the parents as legal guardians of the child to grant such a request.
The state asserted there is no right “to confront witnesses prior to trial.” Prosecutors have asked a subpoena for the minor be quashed.
In denying Crain’s motion, Circuit Judge John Putman said he knew of no law which would force the minor female to speak to the defense attorney. The judge said if Crain had found any law to back up his motion, “you will be the only defense attorney who ever has.”
Crain also asked the court to suppress any evidence obtained from a cellphone belonging to Guthrie. In his motion, Crain writes when Guthrie was interviewed at the Baxter County Sheriff’s Office in late July last year, his phone was on the table in front of him.
The defense attorney alleges when investigators left the room, they took the phone without Guthrie’s consent. Crain says a search warrant for the phone was prepared after the interview. He said the phone was initially taken illegally, without probable cause, and without a warrant and any evidence taken before the search warrant was issued should not be allowed at trial.
Deputy Prosecuting Attorney Kerry Chism told the court the state “might not even use anything obtained from the phone.” Crain said, “That would solve the problem.”
Judge Putman granted the state’s motion to quash Crain’s subpoena for the minor female.
If the case goes to trial, Crain has indicated to the court he would call eight witnesses. Crain said, in light of Judge Putman’s rulings on his motions, he might have to ask for the trial to be continued.
According to court records, the former deputy sheriff is alleged to have made a full confession to having consensual sexual activity with the student.
The student was interviewed July 25 last year and told investigators she had sex with Guthrie multiple times at four different locations in Baxter County. The victim was reported to have assisted with gathering evidence to substantiate the charges.
Guthrie is alleged to have said the sexual relations with the student took place between May and July 2019. The encounters are not believed to have happened on school property.
The allegation was brought to 14th Judicial District Prosecuting Attorney David Ethredge by the girl’s parents. Ethredge requested an investigation by the Arkansas State Police’s Crimes Against Children Division.
Guthrie was hired as a jailer in January 2016 and was transferred to the position of school resource officer the next year. He has been fired, according to Baxter County Sheriff John Montgomery.
At the time of Guthrie’s arrest, Montgomery said the fate of the former deputy was “now in the hands of the judicial system, and we expect he will be treated no differently than any other person” facing such serious charges.
Guthrie is free on $100,000 bond.
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