A Hot Springs man on probation for stealing a truck in 2017 while intoxicated was sentenced to five years in prison after pleading guilty Tuesday to his fourth driving while intoxicated offense from earlier this year.
Justin Alan Gerarden, 25, who has remained in custody since his arrest June 16, was set for a hearing to determine the admissibility of statements he made to Arkansas State Police, but opted to plead guilty to the felony charge and in addition to prison time was fined $900 and ordered to pay $340 in court costs.
According to the probable cause affidavit, on April 9, shortly after 7 a.m., ASP Trooper Kyle Sheldon was dispatched to an injury wreck on Highway 227 near Mid-America Boulevard where the driver, later identified as Gerarden, had crossed the centerline while negotiating a curve, left the roadway and struck a phone pedestal box, destroying it completely.
The vehicle continued on, striking a fence, a utility trailer and numerous racks of tires before finally stopping. Gerarden, the sole occupant, was removed from the vehicle by emergency personnel and placed in an ambulance. He reportedly claimed he was not driving the vehicle and was only a passenger, but had injuries consistent with being the driver.
No one in the area observed anyone else get out of the vehicle or leave the scene. Sheldon noted it was clear Gerarden had laid over in the passenger seat after the impact due to the blood pooled in the passenger seat and floorboard. Gerarden was bleeding heavily from injuries to his face, with the majority of the blood on the driver's side door and the air bag, the affidavit states.
At the hospital. Gerarden continued to insist he was not driving, but doctors confirmed his injuries were consistent with someone sitting on the driver's side. When questioned, Gerarden could not provide the name of the other person he claimed was driving. He declined a urine test or any other testing stating he had been drinking which was why he was not driving.
Investigators contacted the registered owner of the vehicle who stated Gerarden was the only one in possession of the vehicle and he had been driving it. She said she was not with him, but had spoken to him on the phone from the hospital.
After further investigation, Gerarden was arrested on the felony DWI charge on June 16 based on his prior convictions for DWI on Jan. 4, 2016, in Kern County, Calif., and on Nov. 3, 2017, and Nov. 19, 2017, both in Garland County. He pleaded not guilty to the charge on Sept. 3.
According to court records, Gerarden pleaded guilty on April 2, 2018, in circuit court to felony charges of theft by receiving more than $25,000 and fleeing and was sentenced to three years' probation on each count. He also pleaded guilty to a misdemeanor count of DWI, third offense, and was sentenced to 90 days in jail.
The charges stemmed from his arrest Nov. 19, 2017, after he was caught driving while intoxicated in a blue Ford F-150 pickup that had been reported stolen the day before from the parking lot of Oaklawn Racing Casino Resort, 2705 Central Ave.
Local on 11/15/2019