Photo: Matthew Guthrie
The trial of 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 originally set for next week has been moved to Oct. 12.
Thirty-three-year-old Matthew Guthrie appeared in Baxter County Circuit Court Thursday with his attorney, John Crain. Crain wanted the trial continued, saying one of his concerns was that the opening of school could present a problem in bringing in a large pool of prospective jurors. “People are going to have a lot of things going on getting kids in school,” Crain said.
Circuit Judge John Putman agreed and ordered the trial moved to October.
Crain has filed a motion to suppress evidence the defense contends was illegally obtained from Guthrie’s personal cellphone.
The defense attorney alleges 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. Crain contends when investigators left the room, they took the phone without Guthrie’s consent. Crain reported 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.
The state “strongly objected” to Crain’s contentions. Prosecutor David Ethredge said the evidence from the phones might not even be necessary, but he told the court he felt the state could prove the evidence had been legally obtained. There were three phones involved in the investigation, including two belonging to Guthrie and one to the victim. Search warrants were issued for two of the phones and a subpoena for the third.
Judge Putman said he would rule on the admissibility of the evidence obtained from Guthrie’s personal cellphone in advance of the October trial.
According to court records, the former deputy is reported to have admitted having “consensual” sex 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 charge.
Guthrie is alleged to have said the sexual relations with the student took place between May and July, 2019. The encounters apparently did not happened on school property.
The allegation was brought to Ethredge by the girl’s parents. Ethredge requested an investigation by the Arkansas State Police Crimes Against Children Division.
Charges were brought based on that investigation.
Guthrie was hired as a jailer in January 2016 and was transferred to the position of school resource officer the next year. He was fired July 26 last year, the day he was arrested, 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.
The former deputy is free on $100,000 bond.
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