A registered sex offender who is charged with willfully exposing another person to HIV pled not guilty to the charge during a session of Baxter County Circuit Court/Criminal Division Monday.
The state had recently obtained a search warrant to draw blood from sixty-four-year-old David Allen Carleton for the purpose of testing specifically for Human Immunodeficiency Virus (HIV) and Hepatitis.
Carleton already had an open felony case. He was charged with five felonies in late July including having simultaneous possession of guns and drugs.
Carleton pled not guilty to possession of firearms by a felon, possession of drugs and paraphernalia to use drugs, simultaneous possession of drugs and firearms and violating sex offender registration and reporting requirements during an earlier court session.
The simultaneous possession of drugs and firearms is a Class Y felony, the most serious classification of crime in Arkansas not punishable by death. It can carry a sentence of up to life in prison.
Carleton’s bond in the original case was $75,000.
SEARCH WARRANT SERVED IN ORIGINAL CASE
After receiving “credible information” that firearms might be located in Carleton’s residence along Baxter County Road 30, a search warrant was obtained and served at the home July 30.
Carleton is a felon and not permitted to own or even be around weapons.
GUNS DRUGS AND CASH
According to the Baxter County Sheriff’s Office, deputies did find multiple firearms, as well as drugs and drug paraphernalia and $25,500 in cash.
According to the probable cause affidavit, a total of $25,500 in cash was found in Carleton’s home — $10,000 in an envelope under Carleton’s bed, an additional $10,000 was found in an envelope on a dresser near the window in Carleton’s bedroom and $5,500 was found in an envelope on his bed.
There were several guns seized including a Taurus .38-caliber revolver, a 9mm pistol and a rifle with interchangeable barrels.
In addition, THC vape pens, a pipe used to ingest controlled substances and multiple plastic bags and other containers holding marijuana were located in a safe.
SEX OFFENDER REGISTRATION
In 2007, Carleton was charged with possession of child pornography. He pled guilty to that charge in March 2008 and was required to register as a sex offender.
He is a Level 2 offender and, as such, is not required to be listed on the publicly available list of sex offenders. A Level 2 offender is felt to be less a risk to re-offend.
According to the probable cause affidavit, Carleton had come to the sheriff’s office on June 5 to complete a form required to be filled out by all sex offenders.
Carleton had indicated on that form that he had no social media accounts except for his email. When the claim was investigated, it was found Carleton had a number of accounts, including Snapchat, TikTok, Instagram and Facebook.
When the search of his residence was being conducted, officers found a boat and boat trailer. Carleton was shown to pay taxes on a fishing boat and 16-foot single axle boat trailer.
Sex offenders are required to inform the sheriff’s office about any vehicles or trailers they have in their possession.
STATE DROPS SEX CHARGES IN 2021
In 2020, Carleton was charged in connection with the alleged assault of an autistic male teen who lived next door to him.
An investigation into the allegation was launched August 5, 2020, after the 15-year-old male told his mother that Carleton had molested him while the two swam at the Robinson Point Campground in July 2020.
The teenager said Carleton had taken him and is brother fishing and swimming numerous times on area lakes and rivers and had recently bought them toys and other items.
He said Carleton had “tickled” him while visiting the older man’s house and on one occasion had tried to grab his privates.
After the mother made a report to the Arkansas Crimes Against Children Hotline and officers had interviewed Carleton at his home, he is alleged to have immediately gone to his neighbor’s house and yelled, “payback time – you thought you got me but I got you.”
Carleton was also accused of threatening the male victim. He is alleged to have said he would shoot the teen while he was in his “fort” and also intended to sexually assault him.
The fort is described as a small shed the victim and his brother often played in. Carleton was also accused of getting on his riding mower, engaging the blades, making circles over a bare part of his yard and throwing rocks at the victim who was standing in front of the shed.
A no contact order was issued August 7, 2020, and the lawn mower event happened the next month. Carleton was then charged with violating the no contact order.
In addition to the violation of the no contact order, Carleton was also charged with 4th degree sexual assault, terroristic threatening and intimidating a witness.
The state dismissed all of the charges in late October 2021 after a potential credibility problem with some expected testimony was discovered.
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