An Arkansas State Trooper who has been suspended with pay, fired, reinstated and suspended with pay again has pled no contest to a misdemeanor charge of negligent homicide.
Andrew Rhew, 31, of Manila, was on duty as an ASP trooper on Nov. 3, 2009, when he allegedly struck a vehicle and killled the driver, Vickie Freemyer, 53, of Blytheville.
According to the accident report, Freemyer pulled into the path of Rhew's State Police car.
Nearly a year after the accident, Rhew was charged with manslaughter, a Class C felony punishable by a term of up to 10 years in prison, and/or a fine of up to $10,000.
An order signed Wednesday by Circuit Judge Cindy Thyer states that Rhew entered a plea of nolo contendere, or no contest, to the class A misdemeanor charge.
The class A misdemeanor, under state law, is punishable by a term of up to one year in county jail and/or a fine of up to $1,000. No punishment is listed on the order signed by Thyer. "(T)he court does hereby withhold judgment in this matter for a period of one year from the date of this order," which means no punishment will be decided for a period of a year.
Rhew was fired by former ASP Col. Winford Phillips in December 2010, only to be reinstated on March 2, 2011.
According to Bill Sadler, public information officer for the ASP, current ASP Col. J.R. Howard is "taking his time to review the investigative file and all other investigative reports" regarding Rhew that occur before the colonel's appointment as ASP director. The colonel is aware of Rhew's plea, Sadler added.
Under Arkansas law, Rhew cannot be a police officer in Arkansas with a felony conviction.
A special prosecutor, Will Feland of Cabot, was appointed to the case because the local prosecuting attorney cited a conflict of interest. Feland said he and his staff worked extensively for more than a year on the case.
"We went all over the state interviewing witnesses in this case," Feland said.
In one brief filed in the case, Feland said he anticipated evidence would show that Rhew was driving at speeds in excess of 100 mph in a 45-mph zone without lights or siren at the time of the fatal crash.
Feland said by phone Monday that the above-mentioned evidence came from the event data recorder in Rhew's patrol car. The devices are commonly known as "the black box."
If the matter had gone to trial, it would have been a "battle of black box experts," Feland said. "The experts disagreed on the validity of the black box records," he said.
Rhew's defense team, led by Jonesboro attorney Bill W. Bristow, "vigorously contested" Feland's evidence regarding the black box records, Feland said.
Feland said he was happy that the case had been resolved at a charge that was "at the homicide level" because date from an automobile black box has not yet been tested in Arkansas courts.
He cited a recent case in Tennessee where the prosecutors did not win a conviction because the jurors did not understand the data from the black box.
"The burden of proof is different in criminal courts than in civil courts," Feland explained. "You must convince all 12 jurors of the accused's guilt beyond a reasonable doubt."
Bristow said he and his client felt the plea agreement was "a reasonable compromise" for both parties involved. The attorney added that he does not know whether Rhew intends to remain a member of the ASP.
Feland said he and his team stayed in contact with Freemyer's family throughout the process and that the family was satisfied with the outcome.
"We were pleased to get (the matter) resolved at this level," Feland said.
However, Blytheville attorney Bobby Coleman, who represents Freemyer's family, said the family was "disappointed in the way the matter was resolved."
Coleman said he and family members were not allowed to access all information regarding the accident in which Freemyer was killed.
Family members were not told of the plea agreement until the order was signed, Coleman said.
"We were aware of many possible outcomes, but this was not among them," he said.
The family was also disappointed that Thyer's order cites no punishment at all for Rhew in Freemyer's death.
"Usually, an order that includes SIS (suspended imposition of sentence) is accompanied by some type of punishment, whether a fine or jail term, and then conditions of the suspension. There were none of those in this order," Coleman said.
The family is also disappointed that no one has made any mention of their loss.
"There has been no apology or acknowledgment of wrongdoing whatsoever," Coleman said.
dhilton@blythevillecourier.com