A man who admitted being distracted by changing the music selection on his cellphone when he crossed the centerline, struck another vehicle killing its driver and seriously injuring a passenger pled guilty to reduced charges during a session of Baxter County Circuit Court Monday.
Thirty-two-year-old Ethan Hutchinson was sentenced to five years-probation on one count of second-degree battery.
One of the victims involved in the accident and two members of the victims’ family gave emotional statements to the courts as to how the accident had changed their lives.
All of the family members said they were aware that whatever punishment Hutchinson received would not serve to bring their loved one back or make the pain and suffering of the surviving relative go away.
The wife of the man killed in the accident said she had been upset by the efforts to make Hutchinson “appear pitiful.” She said what was uppermost in her mind was not the defendant’s problems but the fact that his “carelessness took my whole life away.”
She said in her view, “this was not an accident, this was the result of a decision he made to change the music selection on his phone” and the decision resulted in dire consequences for her and her family.
The wheels of justice have ground slowly in Hutchinson’s case from the beginning. His appearance Monday fell more than 3 years after the accident which happened on the afternoon of May 19, 2022.
It was expected that Hutchinson would change his plea to guilty during court sessions May 5 and May 12, but Circuit Judge John Putman would not accept the plea as presented to him on both occasions.
The case was not filed until a year, 3 months and 4 days after the wreck occurred. Hutchinson was reported not to have been taken to the Baxter County Detention Center, no booking photo was taken and there is no record in court documents that a bond was ever posted.
The way the situation was handled at the outset has been called “well outside normal procedures” by a person familiar with the process.
Hutchinson’s case has been continued at least 11 times. The continuances have been based on numerous requests made primarily by the defense.
His initial charges were negligent homicide, use of wireless telecommunications when driving and careless driving. In late October last year, the charges were amended to include 2nd degree battery.
The 2nd degree battery charge stemmed from serious injuries sustained by a passenger in Wilson’s truck.
Wilson and the passenger were related.
The reduction in charges came about for a variety of reasons, including the suppression of certain evidence.
A motion to suppress blood evidence and statements Hutchinson made to law officers filed June 17 last year by Hutchinson’s attorney was partially granted by Judge Putman February 18.
The judge ruled that the officer present for the blood draw should have obtained a warrant for the procedure. He denied the part of the motion calling for the suppression of statements Hutchinson initially made to law officers at the time of the wreck.
While warrantless searches can be made under certain circumstances, the law requires that, in most instances, a warrant be issued to draw blood since it is considered an invasive procedure.
Courts have upheld the need for a warrant in blood draw situations based on the 4th Amendment to the U.S. Constitution that prevents unreasonable searches and seizures.
The blood sample was sent to the Arkansas Crime Laboratory. According to the probable cause affidavit, Nordiazepam, a Schedule IV narcotic, was present in Hutchinson’s system. The drug is used primarily for the treatment of anxiety.
In the motion to suppress, the defense also argued that when the blood draw was done, Hutchinson had already been given medication intravenously at Baxter Health due to his injuries which might have cause false readings.
The state opposed the motion.
The suppression of the blood evidence would have made it difficult to prove the original charge of negligent homicide.
One issue reported to have caused the delay in filing charges initially was 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.
THE ACCIDENT
The accident happened on State Highway 5 North.
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 Wilson’s truck were taken to Baxter Health for treatment of their injuries. The passenger in Wilson’s truck was later flown to a Springfield hospital.
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 was indicated on the device at the time of the crash.
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