Prosecutors charge man in LR pedestrian's death

Kevin Linsley
Kevin Linsley

A day after affidavits were filed for his arrest, a Benton man surrendered to police on charges stemming from an August hit-and-run that killed a 29-year-old Little Rock man while he was walking on the sidewalk.

ADVERTISEMENT

More headlines

Kevin Linsley, 35, turned himself in at the Little Rock Police Department on Tuesday morning, according to police spokesman Richard Hilgeman. Linsley was arrested on charges of leaving the scene of an accident involving death or personal injuries, which is a felony, and misdemeanor negligent homicide. He was booked into the Pulaski County jail but was released on a $3,000 bond later in the day.

Ian Canham was walking near the intersection of North Rodney Parham Road and Old Forge Drive about 12:09 p.m. on Aug. 28 when he was hit by a white van with green lettering, police said shortly after the crash. Canham was transported to Baptist Health Medical Center-Little Rock but died because of his injuries.

Canham had a seizure disorder and could not drive, so he walked everywhere, said his mother, Catherine Canham. That afternoon, Canham was returning from Game X Change after buying his younger brother a birthday present.

"Ian's mother feels Kevin did the right thing by turning himself in, but that's all we know about Kevin at this time," family friend Mark Martin said Tuesday, speaking for Catherine Canham.

It was up to prosecutors to decide whether to file charges. John Johnson, Pulaski County chief deputy prosecuting attorney, said he could not comment specifically on the case but said there is no timetable for determining charges in any case.

"There's no set time period for anything to go through the system," Johnson said. "Every case file deserves diligent examination of the facts, and every person charged with a crime deserves to have their case looked at carefully."

Lt. Steven McClanahan of the Police Department said charges are not always cut and dried; because prosecutors are the ones trying the cases, it's not unusual for police to consult them.

"Did it slow the process down? Yes," McClanahan said. "But the wheels of justice are still in motion."

Clint Lancaster, Linsley's attorney, said Tuesday that they were disappointed with the prosecutor's decision to charge Linsley, but they look forward to Linsley's day in court. Lancaster also said that Linsley is not admitting he's guilty, but he would like to send condolences to the Canham family.

"It's a terrible situation for my client to be in and a horrible situation for this young man's family, and our condolences go out to them," Lancaster said.

Court records show Linsley has no previous arrests.

Affidavits for Linsley's arrest filed in Little Rock District Court on Monday show how police talked to Linsley hours after the crash, after witnesses told police the green lettering on the van read "Lawn Doctor." The affidavits said Little Rock police officer Stan Harmon contacted Lawn Doctor in Alexander and was told Kevin Linsley, an employee, returned to the office after seeing the crash, dropped off the van and went home early because he was upset.

Harmon called Linsley, who told him he had stopped at the scene after seeing a body in the road.

"He advised he observed the victim's arm in his side mirror at the rear of his van," the affidavit said. "I then asked him if he ever saw him in front of his van and he stated no. I then told him that from what he said it appears that he had run over the victim. He advise(d) that it felt like he had dropped a tire off of the [curb] as he was making a right turn onto Rodney Parham, but that he never saw the victim in front of his van."

Linsley told Harmon he stopped, got out of the van, went back to the victim and called 911, staying at the scene until a police officer told him to leave, according to the affidavit. The affidavit also said Linsley told Harmon he would turn himself in but that he did not see the victim so he could not say he struck him.

Harmon told Linsley he wanted to look at the van and would call him when he wanted him to come in. Police looked at the van and took it in for processing.

After looking at the van, Harmon called Linsley, who told him he would need to get an attorney before arriving for an interview. Lancaster, Linsley's attorney, told police later that night his client could not be interviewed because he had taken a Benadryl to calm his nerves.

Police reviewed security footage from the Shell gas station at 10100 N. Rodney Parham Road, and on Sept. 1 they asked Lancaster whether Linsley would be ready for an interview. Lancaster declined, saying he had advised Linsley not to give an interview because he was not sure what he told police after the crash and did not want there to be a conflict between the statements.

The five-page affidavit ends with Harmon saying it appears Linsley hit Canham with the van.

"He [Canham] was then drug under the van and then he came out from behind the van," the affidavit said. "Mr. Linsley did stop briefly and then he moved his van to the parking lot north of the accident scene. After a short period Mr. Linsley left without making contact with the police officers."

According to Arkansas Code, "a person commits negligent homicide if he or she negligently causes the death of another person, not constituting murder or manslaughter, as a result of operating a vehicle, an aircraft, or a watercraft." Conviction of the Class A misdemeanor carries a maximum sentence of one year and a maximum fine of $2,500.

Leaving the scene of an accident involving death or personal injuries is a Class D felony, and a conviction carries a maximum sentence of six years.

Metro on 10/07/2015

Upcoming Events