A local man arrested last summer for driving while intoxicated, his fourth offense, after fleeing from Hot Springs police and then resisting arrest was sentenced to two years in prison Monday after pleading guilty in Garland County Circuit Court.
Alvin Karado Smith, 43, pleaded guilty to DWI 4 and felony fleeing and was sentenced to six years in prison on each count, with four years suspended, to run concurrently while additional misdemeanor charges of refusal to submit to testing, resisting arrest and disorderly conduct were withdrawn.
Smith was also fined $1,500 and ordered to pay $570 in court costs and fees.
According to the probable cause affidavit, on June 30, 2018, around 1:15 p.m. Saturday, police Officer Jonathan Smith spotted a white 2007 Pontiac Grand Prix eastbound on West St. Louis Street that failed to stop at the stop sign as it turned onto Seventh Street, with the driver's side almost striking the ground due to the speed of the vehicle.
The officer followed the vehicle to Meadowbrook Street where he activated his lights and sirens to make a traffic stop, but the driver continued to Third Street and then to Crestwood Street without stopping.
The vehicle continued to the corner of Crestwood and Sonnet Street where it finally stopped and the driver, later identified as Alvin Smith, got out and "took an aggressive stance" facing the officer.
Officer Smith and his K-9 partner, Bear, got out and ordered Alvin Smith back into his car, but he refused and began yelling at the officer, "What I do?" and it was noted his speech was slurred. At one point, Alvin Smith reportedly began yelling, "Shoot me! Shoot me!"
Officer Smith held Bear at his side while continuing to order Alvin Smith back into his car. Other officers arrived to assist and also ordered him to comply without success. At that point, Officer Smith released Bear, who ran up to Alvin Smith but did not engage, and then came back to the officer's side.
Officer Smith pulled his Taser and pointed it at Alvin Smith. Then Cpl. Zac Rosten struck him with "a nonlethal impact round," but he still refused to comply. Rosten struck him a second time, causing him to fall to the ground.
At that point, officers and Bear attempted to detain Alvin Smith. At one point, Bear bit him on his left rear calf and while doing so, he grabbed Bear with both of his hands and tried to pull him off.
Officers were finally able to detain Alvin Smith and Officer Smith had Bear release from his bite. Officers noted he was unsteady on his feet, had red, watery eyes and a smell of alcohol on his breath. When asked if he had been drinking, he admitted he "had a couple."
Because Alvin Smith continued to be aggressive and resist, it was decided not to attempt any field sobriety tests and he refused a Breathalyzer test. It was noted within plain sight in his vehicle there was an almost empty can of beer and another fresh ly opened can of beer.
LifeNet arrived and transported him to CHI St. Vincent Hot Springs with an officer riding in the back of the ambulance due to his continued aggressive behavior. Once at the hospital, he continued to yell and curse at hospital staff so they finally gave him a sedative to calm him down.
The doctors said Alvin Smith's blood alcohol level was at such a dangerous level, approximately 0.305 percent, almost four times the legal limit, they wanted to keep him in their care until it returned to a normal level.
He was eventually released from the hospital and taken into custody shortly after 5:30 p.m. and transported to the detention center where he still continued to refuse to take a Breathalyzer test. He reportedly kept saying, "I don't care. Just get me out of here."
It was later determined Smith had three prior convictions for DWI on Jan. 18, 2014, March 21, 2015, both in Garland County, and on Aug. 6, 2016, in Clark County.
He was released on $4,750 bond the next day and pleaded not guilty to all the charges on Oct. 15. He was set to stand trial on July 10, but the case was continued and set for a disposition hearing on Monday.
Local on 07/17/2019