Man Placed On Probation For Negligent Homicide

BENTONVILLE — Circuit Judge Robin Green accepted a plea agreement Monday that calls for a Kingston man to serve five years of probation in connection with a DWI crash that killed his friend.

Billy Joe Mays, 52, pleaded guilty to negligent homicide and first offense driving while intoxicated. The plea came under an agreement Nathan Smith, deputy prosecutor, reached with Jim Evans, Mays’ attorney.

Sue Wells was killed Sept. 14, 2012, in a two-car crash. She was the passenger in a vehicle driven by Mays.

Mays admitted in court Monday morning to drinking before the accident, but was not specific about what he consumed.

The crash occurred in the 800 block of North Bloomington in Lowell. Mays told Green he made a left turn on the wet road and attempted to merge when his vehicle fishtailed and another vehicle struck the passenger’s side of his vehicle.

A police officer reported a strong odor of intoxicants coming from Mays, according to court documents.

Smith told Green that Mays failed a portion of the field sobriety tests, but later was below the legal limit of 0.8 during a breath test. A blood sample also was obtained from Mays. It also tested below the legal limit, Smith said.

Mays did admit in court to causing Wells’ death by driving while intoxicated.

Smith told Green probation was being offered because of the feelings of Wells’ three adult children. One of Wells’ daughters would testify she was more concerned that day about her mother driving than Mays being behind the wheel, Smith said.

“They wanted the case dismissed entirely,” Smith said of the children.

At least two of Wells’ children would have testified on Mays’ behalf at trial, Smith said.

“They essentially view this as an accident,” Smith said.

Green accepted the plea agreement and Mays’ guilty plea.

Mays was placed on probation for five years under Act 346. That means his conviction for negligent homicide will be expunged if he meets the terms of his probation. Act 346 does not apply to the driving while intoxicated offense.

Mays must be screened at Ozark Guidance or a similar facility for alcohol or substance abuse and comply with any recommendations.

Green told Mays his sentence could be considered lenient, but each case is different. She told him one of the reasons she accepted the agreement was because of Wells’ children.

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