HOT SPRINGS -- A Hot Springs man was sentenced to 20 years in prison Wednesday after pleading guilty to cutting another man's throat during a confrontation at Oaklawn Racing and Gaming last year.
Jermaine Levert Hayes, 29, pleaded guilty to a felony count of first-degree battery, and prosecutors opted to let a Garland County Circuit Court jury decide his punishment. After hearing a few hours of testimony and deliberating for about 18 minutes, the jury recommended the maximum sentence of 20 years and a fine of $10,000.
Deputy prosecutor Kara Petro said Wednesday that the victim and his wife had separated and the wife had started dating Hayes, a childhood friend of the victim.
The victim and his wife later reconciled and got back together, Petro said, and the couple were at Oaklawn on April 3, 2016, playing electronic games in the game room. The victim's wife started getting texts from Hayes, who threatened to come to Oaklawn to confront the victim, according to Petro. The victim's wife warned her husband about Hayes' threats, but he continued playing, according to the deputy prosecutor.
Hayes entered the game room shortly before 2:30 a.m. and approached the victim, who was still playing at one of the machines, according to the affidavit. The victim's wife was standing beside the victim and saw Hayes approaching, the affidavit said.
Hayes and the wife got into an argument and she shoved Hayes away from where the victim was seated, according to the affidavit. Hayes approached the victim again and cut his neck with an unknown object, the affidavit said. It was a 5-inch laceration, the affidavit stated.
"He came up behind him and slit his throat," Petro said, noting that Hayes "just missed" cutting the victim's jugular vein or carotid artery. "It was a pretty big slit."
The victim, his wife and Hayes walked to the lobby, where Hayes was detained by Oaklawn security.
Petro said emergency medical technicians at Oaklawn administered emergency aid to the victim, who was transported to a local hospital. Petro said one of the emergency medical technicians testified Wednesday "how close it came to being a murder charge."
Petro said Hayes had two knives in his possession, and DNA found on both knives was later matched at the state Crime Laboratory to Hayes and the victim.
Hayes declined to testify Wednesday. He had no prior criminal history.
Hayes' attorney had argued for just a fine in the case.
State Desk on 05/26/2017