Local man convicted of negligent homicide

Hall
Hall

A Hot Springs man was convicted of negligent homicide and sentenced to seven years in prison Monday after a one-day trial in Garland County Circuit Court stemming from a 2015 wreck that caused the death of a Glenwood man.

Cody Lamar Hall, 23, was also charged with a felony count of second-degree battery in connection with the Jan. 5, 2015, wreck on Highway 70 west, but jurors found him not guilty of that charge after about 35 minutes of deliberation on both counts.

The jury deliberated for just under 90 minutes before recommending the sentence of seven years on the homicide charge and a fine of $5,000.

The two-vehicle collision caused the death of the passenger in the other car, Jesse Wehling, 19, and injuries to the driver, Theresa Holliday, 22, who was pregnant at the time and was later treated for a broken collarbone and broken toe.

Chief Deputy Prosecutor Joe Graham said there were two alternative theories involved in the negligent homicide charge: one alleging Hall was intoxicated or under the influence of drugs and one alleging he was just fatigued at the time of the collision.

Graham said there was no evidence of alcohol in Hall's system, but Arkansas State Police Trooper 1st Class Joshua Heckel, a drug recognition expert, had determined he was impaired from using depressants and narcotics.

Graham said the jury decided his impairment was the result of fatigue instead of intoxication or drugs so they opted for a lesser sentence. He said he wasn't certain about the jury's decision not to convict on the battery charge.

"I don't know if they didn't feel his behavior was due to a reckless mental state or if they felt her injuries weren't serious enough (to meet the qualifications for second-degree battery)," he said. "I don't really understand the jury's theory on that one."

According to the affidavit, on Jan. 5, 2015, shortly before 5 a.m., Heckel and ASP Cpl. Michael Reed responded to a wreck on Highway 70 at Repop Place involving a 2008 Mazda 6, driven by Hall, and a 2008 Pontiac G5, driven by Holliday.

Hall was reportedly westbound in the eastbound lane and collided head-on with the eastbound Holliday after both crossed back over into the westbound lane. Holliday said her vision was obscured while she approached the crest of a hill. As she came over the crest, she saw Hall traveling in her lane and made a defensive maneuver into the westbound lane. Hall mirrored her maneuver into the westbound lane and the two cars collided.

A female witness, 20, stated she was behind Hall for two miles and observed him driving into oncoming traffic before the collision. She honked her horn at Hall in an attempt to grab his attention. The witness watched the collision occur and noted Hall's speech was slurred when she spoke to him at the scene.

Reed also spoke to Hall's mother, 44, at the scene of the wreck and she said she had spoken with a female friend of Hall's who was with him prior to the collision. She said the friend told her Hall appeared to be tired and she had offered to follow him home, but he told her he was fine.

Hall and Holliday were transported to CHI St. Vincent Hot Springs. Wehling was transported to the University of Arkansas for Medical Sciences in Little Rock and later died from his injuries.

Heckel spoke with Hall at the hospital and noticed Hall had slurred speech, was dazed and kept falling asleep. His pupils did not react to light and he had a white coating on his tongue. Hall stated he had been awake since 1:30 a.m. Jan. 4 leading up to the wreck -- a total of 27 hours without sleep.

When asked, Hall said the current date and time was 2:30 a.m. Dec. 5, but Heckel noted the present time and date as 6:35 p.m. Jan. 5. Heckle performed a Horizontal Gaze Nystagmius and Vertical Gaze Nystagmius tests, which indicated Hall was under the influence of depressants and narcotics.

A blood sample sent to the state crime lab tested positive for benzodiazepines, cannabinoids, opiates, oxycodone, dihydrocodeine, hydrocodone, oxycodone and alprazolam. Medications were not administered to Hall by LifeNet or the hospital before the blood draw, the affidavit said.

Graham said Hall had admitted to Heckel he took Clonazapam and suboxone, both prescription medications, prior to the wreck, but when he testified Monday he denied it.

"He just claimed to be fatigued because he had been up since 1:30 a.m. the day before," he said, noting suboxone is used to treat people coming off an addiction to pain killers.

Hall was arrested on Dec. 16, 2015, almost a year after the wreck, after a complete investigation and was later released on bond pending trial.

Local on 05/25/2017

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