February 1, 2011

An Arkansas State Police trooper from Manila who is facing manslaughter charges was fired on Dec. 29 by Col. Winford Phillips, state police director.

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An Arkansas State Police trooper from Manila who is facing manslaughter charges was fired on Dec. 29 by Col. Winford Phillips, state police director.

Andrew Rhew, 31, was fired for failing to follow state police policies and state laws in regard to operating his patrol car, said Bill Sadler, spokesman for the State Police.

Rhew has already appealed his firing to the Arkansas State Police Commission, who had set an appeal hearing for Feb. 18.

Rhew was charged Sept. 30 last year with manslaughter, a Class C felony, in connection with an accident which happened Nov. 3, 2009 in which Vickie Freemyer, 53, of Blytheville.

According to the accident report filed by ASP Sgt. Wes Smithee, Rhew was southbound on Arkansas 77 in his marked patrol car and Freemyer was westbound on Fleeman road when Freemyer pulled into the path of Rhew.

According to the felony information filed in the Chickasawba District of Mississippi County Circuit Court, Rhew "did unlawfully and feloniously," within the district, "intentionally or knowingly without legal justification, recklessly cause the death of another person, namely, Vickie Freemyer, against the peace and dignity of the State of Arkansas."

A special prosecutor was appointed to the case. Will Feland of Lonoke County, will serve as prosecutor. His deputy, Bart Dickinson, will also represent the state.

Rhew was fired by Phillips after an internal investigation by the ASP. The investigation revealed that Rhew had not obeyed two of the agency's internal policies which states that patrol cars "should be operated in compliance with all Arkansas traffic laws" and that "authorized emergency vehicles, equipped with blue lights and sirens, which are responding to an emergency call or are in immediate pursuit of a ... violator ... should exercise ordinary care and drive with due regard for the safety of all persons upon or using the highway."

The other policy states that troopers should "obey all laws."

The complaint against Rhew cites Arkansas Code Annotated 27-51-202, which is the subchapter that discusses speed limits. It states that the law "shall not apply to authorized emergency vehicles when responding to emergency calls when the driver is operating the vehicle's emergency lights and is also operating an audible signal by bell, siren or exhaust whistle if other vehicles are present."

The section continues to say that the section "shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons,".... "nor shall it protect the driver of any emergency vehicle from the consequence of a reckless disregard of the safety of others."

Sadler declined to say if Rhew was speeding or operating the patrol car's lights and siren at the time of the accident, citing that he could not release any information until the commission's hearing.

Rhew has been employed by the ASP since 2004 and transferred to the agency's criminal division after the accident. He was placed on administrative leave when the manslaughter charge was filed.

Rhew's manslaughter case is scheduled for a pre-trial hearing on March 7 and for trial on March 8 in Blytheville Circuit Court before Circuit Judge Cindy Thyer.

He is being represented by Jonesboro Attorney Bill Bristow.

dhilton@blythevillecourier.com

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