A Garland County Circuit Court jury recommended a sentence of probation and a $3,500 fine for a Hot Springs man convicted Thursday of second-degree sexual assault involving a 12-year-old girl after a sentencing hearing that evening.
The six-man, six-woman jury had deliberated for less than 30 minutes before finding Fredrick Bruce Barfield, 42, guilty of the felony charge, punishable by up to 20 years, after a one-day trial.
Deputy Prosecutor Kara Petro, who represented the state along with Chief Deputy Prosecutor Joe Graham, said Friday Barfield is scheduled to be formally sentenced Aug. 7 and will likely be placed on 10 years' supervised probation based on discussions between prosecutors, Barfield's attorney, public defender Tim Beckham, and Judge Marcia Hearnsberger.
She said a permanent court order barring Barfield from contact with the victim was issued and he will have to register as a sex offender from now on. There was some confusion among the jurors regarding his sentencing and they were sent back to deliberate further a couple of times before they were finally dismissed.
Petro said the exact terms and conditions of his probation will be determined at the formal sentencing hearing. She noted she and Graham had argued for Barfield to receive prison time and that they did not feel probation alone was an appropriate sentence under the circumstances.
"It was clear the intention of the jury was for him to receive probation, but they were having difficulty in understanding how to fill out the verdict forms which I take partial responsibility for as I should have explained a few things more clearly to them in my sentencing argument," Beckham said Friday.
"With (Barfield's) limited intellectual functioning and his mental illnesses, I certainly think a probation sentence in that case was definitely appropriate," he said.
Barfield was arrested Feb. 17, 2016, stemming from his assault of the victim in November 2014 after an investigation by Hot Springs police and the Arkansas State Police Crimes Against Children Division.
According to the probable cause affidavit, on Nov. 18, 2014, the victim was interviewed at the Cooper Anthony Mercy Child Advocacy Center. She stated that, on Nov. 15 at a residence in Garland County, she and Barfield were sitting in the living room when Barfield began touching her chest underneath her clothing while holding her down.
Barfield was interviewed on Feb. 3, 2015, and reportedly admitted he did touch the victim "to teach her a lesson, so she would know what it's like to have to say no."
Petro said Friday the victim's mother testified that her daughter had told her about Barfield touching her and she immediately confronted him and he initially claimed he just accidentally brushed against her. After she talked to her daughter again and she told her it wasn't accidental and lasted more than a few seconds, she confronted him again and he told her he did it to "teach her a lesson."
The victim, her mother and investigators all testified Thursday. Barfield did not testify during the guilt portion of the trial but did testify during the sentencing portion, along with a probation officer.
At a pretrial hearing on March 1, 2017, Beckham filed a motion for a mental evaluation to determine if Barfield was fit to proceed with trial, which was granted, postponing further court proceedings.
On May 9, 2017, Beckham accepted the findings of the evaluation conducted at the state hospital which found Barfield was fit to proceed and a trial was later scheduled for Oct. 23, 2017. The trial was later continued several times due to conflicts with other court proceedings and was finally set for Thursday.
Local on 07/14/2018