HOT SPRINGS -- A Hot Springs man who caused a vehicle to roll over and kill a woman as she slept in a tent last year was sentenced to a total of 25 years in prison Monday after pleading guilty to multiple charges in Garland County Circuit Court.
James Erby Lingo, 30, who has remained in custody in lieu of $200,000 bond since his last arrest May 10, 2016, pleaded guilty to one count of manslaughter, reduced from an original charge of first-degree murder, and was sentenced to 10 years in prison; one count of theft by receiving more than $5,000 and was sentenced to 10 years; and one count of theft of property more than $1,000 and was sentenced to five years. The sentences will run consecutively.
Additional felony charges of aggravated assault, first-degree criminal mischief, tampering with physical evidence, possession of a controlled substance with purpose to deliver and theft by receiving were withdrawn by prosecutors and court costs were expunged for time served.
Lingo, who had no prior criminal history before his initial arrest March 25 on a theft charge, was set to stand trial on the first-degree murder charge today and on the theft charges Aug. 22.
According to the affidavit for the murder charge, Garland County sheriff's deputies were sent shortly after midnight May 10, 2016, to a wooded area off the service road in the 2700 block of East Grand Avenue and made contact with Aubrey Gene Kyzer, 32, who said he was camping with his girlfriend, Gina Tonette Thomas, 44.
Kyzer said two unknown white males in a white pickup with an illuminated LED light bar and loud exhaust had entered the camping area off a dirt road and pulled in behind Kyzer's 2008 Kia Rio, which was parked in front of the entryway to the tent.
Kyzer said Thomas was inside the tent and remained there as he got out to speak to the men.
Kyzer said the men argued with him about him camping in the area, and one of the men said, "I'll bet you wish you were as drunk as we are." The truck accelerated toward the Kia as Kyzer tried to re-enter the tent, struck the rear end of the car, and forced it to roll over Thomas, wrapping her up in the tent, according to the affidavit. Kyzer said the Kia missed him and the men in the pickup fled.
Sheriff's investigators noted the Kia had extensive rear-end damage, and Thomas was underneath the car between the front and rear wheels, with her head and upper body behind the driver's front wheel. Garland County Coroner Stuart Smedley pronounced Thomas dead at the scene. Photographs were taken of what appeared to be "off-road type tire tread" impressions.
Shortly after noon that same day, investigators located a white Chevrolet pickup at Lingo's residence that matched the description of the vehicle. A witness said Lingo and some other people had changed out the tires and wheels, cleaned the front of the truck and removed the LED light bar.
The witness led investigators to a nearby area where they located the light bar, tires and rims concealed in some bushes.
Mark Joseph Geurin, 28, the passenger in Lingo's vehicle, was questioned and told police that he and Lingo had approached the campsite to harass "the homeless dude," and the male camper exited the tent nude and stood between the tent and the Kia. Geurin saw the male camper reach into the tent and retrieved what "may or may not have been a firearm."
At that point, Lingo accelerated toward the Kia, pushing it into the tent, and fled the scene. Geurin said after daylight they changed the tires and removed the light bar to conceal the evidence.
State Desk on 06/23/2017