Judge takes more time on speedy-trial motion

A Pulaski County circuit judge Monday said he'll "more than likely" dismiss a manslaughter charge against a 36-year-old Wynne man because prosecutors did not bring him to trial within the year required by law.

But Judge Leon Johnson said he wanted to read more case law before making a final ruling in the next few days on the Class C felony charge against Arthur Lee Isom.

Prosecutors have a year to bring a defendant to trial, although that time can be extended by permission from a judge. At issue was when Isom was considered to be arrested on the charge.

Defense attorney Lou Marczuk presented testimony from the Wynne police officer who served a manslaughter arrest warrant on July 25, 2013, to Isom at the Cross County jail, where he was being held on other charges.

The officer notified the Pulaski County sheriff's office but was told that he did not need to provide the office proof that he had served the warrant, according to a recording of the conversation played for the judge.

That means the clock started ticking that day, Marczuk argued.

"Something was goofed up, but it's not by the defendant," Marczuk told the judge.

Deputy prosecutor Scott Duncan told the judge that for some reason, authorities did not know that Isom had received the warrant until last week when it got notice of Marczuk's speedy-trial motion.

Duncan argued that the officer's serving of the warrant did not amount to a sufficient arrest to start a speedy-trial countdown as it has been defined by Arkansas Supreme Court precedent. None of the required forms were filled out, and there was no return of service to Pulaski County District Court, which is necessary to affect an arrest, he told the judge. Isom was never detained on the charge nor was he given a court hearing to enter a plea, the prosecutor said.

Prosecutors filed a manslaughter charge against Isom on March 18 because the Arkansas Crime Information Center showed the warrant was outstanding, Duncan said. Isom was arrested on that charge March 29.

Isom is accused in the March 31, 2013, death of Harold Medina during a residential burglary.

The 56-year-old Medina was found outside a home at 12312 Sumner Cemetery Road near Cabot at 2:28 a.m.

According to a police report, sheriff's deputies were called to investigate a disturbance on the south side of Sumner Cemetery Road and found Medina, wearing boxers and a T-shirt, dead on the steps of the house.

A woman at a neighboring residence, Brittani Chamberlain, told deputies she was outside her home when she heard yelling coming from the Sumner Cemetery Road home and saw a naked man run from the house, then saw Medina on the ground and not moving, according to the report. A witness with Chamberlain, Kaitlyn Matlock, said she also heard the shouting and saw the naked man, according to the report.

Court files don't say how investigators linked Isom to the killing. Prison records show Isom has domestic battering and drug convictions in Pulaski and Lonoke counties.

Metro on 09/30/2014

Upcoming Events