Suspended Arkansas judge's trial date expected; jurist, 57, was so drunk he couldn't stand, police say

Circuit Judge William Pearson, who police say was so drunk he couldn't stand without help when he was arrested in January, is expected to have a trial date set in the next couple weeks, his attorney said Friday.

Pearson, 57, was arrested after police say he drove through an Arkansas State Police sobriety checkpoint near Clarksville in Johnson County and led troopers on a slow-speed chase before they were able to stop him.

"Cpl. [David] Smothers and I were able to get the driver out of [the] truck, but he was unable to stand on his own," state police Sgt. Greg Smith wrote in an arrest warrant affidavit. "The driver slumped down to the ground as we were getting him out."

Pearson's attorney, Jeff Rosenzweig of Little Rock, said Friday the special judge appointed in the case, retired Judge John Langston of Little Rock, will have to schedule a time when Rosenzweig and special prosecutor Jason Barrett can meet to set dates for pretrial matters and the trial date.

Rosenzweig wouldn't say whether he thought Pearson ultimately would go to trial in Johnson County Circuit Court on charges of fleeing, reckless driving and first-offense driving while intoxicated, all misdemeanors, and refusing a breath test, which is listed as a violation. He said he was studying the evidence that was turned over to him and will decide how to approach the case.

Pearson has served as circuit judge for the 5th Judicial Circuit, which includes Franklin, Johnson and Pope counties, since 2008. The Arkansas Supreme Court ordered him temporarily suspended Jan. 26 on a petition filed by the Arkansas Judicial Discipline and Disability Commission.

Pearson was arrested by state police after driving through the checkpoint that was set up on Crawford Street south of Interstate 40 on Jan. 20, according to Smith's affidavit that was filed March 10, the same day the charges were filed against Pearson in circuit court.

"The driver was very intoxicated," Smith wrote. "He was not actively resisting, but his speech was slurred and slow, he smelled of intoxicants and did not follow instructions."

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Pearson later threw up on himself and lost control of his bladder while being booked into the county jail, the affidavit said. He was uncooperative while being fingerprinted, the affidavit said. And, since he was unable to stand on his own, troopers ruled out giving him a field sobriety test.

According to the affidavit, troopers were manning the checkpoint about 9:30 p.m. when they saw a gray GMC pickup approach from the south, driving toward Clarksville. The truck didn't stop at the checkpoint, and the driver didn't acknowledge the officers.

Troopers gave chase with lights and sirens but the pickup continued on at about 40 mph, the affidavit said. The pickup drifted over the line on the side of the road multiple times, and the passenger side tires went off the roadway at one point.

Smith wrote that as they approached a side road, the pickup slowed. He drove up beside the pickup and slightly in front of it to block its path as another trooper drove up behind.

The pickup drove slowly around the trooper's car, pulled into the driveway of an old storefront where it maneuvered around an SUV and started to drive back out onto Crawford Street. Smith wrote that he turned into the right rear of the pickup, pushing it sideways. The pickup then stopped facing east against the front of Smith's car.

In a brief search of the pickup, troopers found two empty Stella Artois beer bottles and four unopened bottles, the affidavit said.

State Desk on 03/25/2017

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