A local man was sentenced to eight years in prison Tuesday after pleading guilty in Garland County Circuit Court to his sixth driving while intoxicated charge, a felony, stemming from his arrest in 2017.
Travis Jason Mullings, 46, who lists a Burchwood Bay Road address, also pleaded guilty to a felony charge of failure to appear and was sentenced to eight years, with the sentences to run concurrently. An additional misdemeanor charge of refusal to submit to a chemical test was withdrawn.
According to the probable cause affidavit, on Sept. 27, 2017, around 2:45 p.m., Hot Springs police Officer Robert Plyler responded to the area of Burchwood Bay Road and Hackberry Street regarding a property damage wreck with one vehicle, a 2006 Mazda MX-5 Miata, in the ditch.
He made contact with the driver, Mullings, who told him he was traveling south on Burchwood Bay when another vehicle pulled out in front of him and when he swerved to avoid a collision he lost control of the vehicle. He said he left the roadway and went through a barbed-wire fence.
Plyler noted Mullings had bloodshot, watery eyes and a black eye, reportedly from a fight the night before. He said Mullings' speech seemed fine and he didn't note any odor of alcohol, but Mullings admitted to having several beers. He submitted to a portable Breathalyzer which registered his blood alcohol content at 0.176%, more than twice the legal limit.
Mullings also submitted to three field sobriety tests and failed all of them so he was taken into custody. He later refused to submit to an additional breath test at the detention center. Records revealed he was previously convicted of DWI five times, on May 7, 2011, June 11, 2011, Dec. 17, 2011, Oct. 17, 2012, and March 10, 2017, all in Garland County.
According to court records, he was also previously convicted of a felony count of DWI, fourth offense, in Washington County on July 25, 2013, and sentenced to three years in prison.
Mullings was released on a $5,000 bond two days later and was set for an arraignment on July 10, 2018, but his attorney filed a motion for a mental examination to determine Mullings' fitness to proceed with trial. The motion noted Mullings had a history of mental illness "spanning more than 15 years," and was previously diagnosed with paranoid schizophrenia.
The motion noted Mullings had previously been found incompetent due to mental illness and his mother served as his guardian and payee for his Social Security disability payments. His mother said her son's condition had deteriorated following his recent release from prison.
Mullings failed to appear for the July 10 hearing so a warrant was issued for his arrest on July 12. He was taken into custody on July 19, 2018, and on Aug. 13 a mental evaluation was ordered. On Dec. 19, 2018, the state hospital reported Mullings was not fit to proceed with trial and he was committed to the custody of the Department of Human Services for treatment.
On July 29, 2019, Mullings wrote a letter to Garland County Circuit Court Judge John Homer Wright indicating he would like to waive "my competency issues and or concerns and state that I am fine." He said he wanted to plead no contest to the DWI charge and receive time served.
"No classes needed. Don't want a driver's license at all," he wrote. "All flexible. Just would like to get back home."
An Act 3 hearing was held Tuesday and Mullings was reportedly found fit to proceed and opted to plead guilty.
Local on 11/07/2019