HOT SPRINGS -- A habitual offender who stabbed a woman in 2020 because of money she owed him, causing serious injuries that left her in critical condition, was sentenced to 40 years in prison Wednesday by a Garland County Circuit Court jury.
Albert Bernard Mitchell, 59, who has remained in custody in lieu of a $100,000 bond since his arrest the day of the stabbing Sept. 30, 2020, pleaded guilty Tuesday to first-degree battery, punishable by up to 40 years because of his status as a habitual offender. An additional felony charge of aggravated robbery was withdrawn.
Deputy prosecutors Trent Daniels and Caitlin Birrell opted to let a jury decide Mitchell's sentence, and after hearing one day of testimony and deliberating for "just under an hour," the jury recommended the maximum of 40 years, Birrell said Thursday.
Birrell noted Mitchell changed his plea at the pretrial hearing Tuesday when they brought the victim, who now lives in another part of the state, to court. Because of his status as a "big habitual," the maximum on the battery charge increased from 20 to 40 years.
Mitchell and his adult son testified on his behalf, and Mitchell "tried to explain it as an accident" but "the jury didn't seem to buy it being accidental due to her having multiple stab wounds and how bad they were," Birrell said.
The first Hot Springs police officer on the scene testified it was "one of the worst stab wounds he has seen," Birrell said, and the jury saw footage from his body camera of when "he arrives and begins giving first aid and applying a tourniquet to her injuries."
The victim testified about the incident, and the jury heard about Mitchell's status as a habitual offender with 13 previous felony convictions and the fact he was on parole at the time of the stabbing.
"So they just maxed him," Birrell said.
According to the probable cause affidavit, about 12:10 p.m. Sept. 30, 2020, police responded to 805 Illinois St. regarding a stabbing that had occurred.
Officers found the victim with large lacerations to her abdomen and left arm and she was "covered in blood." She was starting to lose consciousness because of the amount of blood loss but reportedly told officers "Bernard" had stabbed her before she was transported to an area hospital.
Once at the hospital, the woman was taken directly to surgery and at the time of the report was listed in critical condition and could not be interviewed further.
Witnesses at the scene told police the male suspect was driving a black SUV with a yellow license plate. Within minutes, officers spotted a black GMC Acadia with a yellow Alaska license plate that fit the description and stopped it at the corner of Fifth and South streets.
Officers made contact with the driver, identified as Mitchell, and noted "a large amount of blood" and a knife inside the vehicle, and Mitchell was taken into custody.
After being read his rights, Mitchell admitted to driving the vehicle with the victim inside but said he did not know what had happened to her.
A female witness who was reportedly in the SUV with Mitchell and the victim voluntarily went to the Police Department and told Detective Mark Fallis that Mitchell and the woman were arguing about the woman owing Mitchell money.
She said Mitchell was driving but slowed down and turned around in his seat to get at the victim, who was sitting in the back seat. Mitchell then stopped and got out of the SUV, opened the back door and attacked the woman, stabbing her multiple times.
The witness said Mitchell got back into the driver's seat holding a knife and drove the witness home. He then drove the victim to Illinois Street, where she "jumped out of the car" and a neighbor called 911.
Mitchell pleaded innocent to the charges Dec. 15, 2020, and the case was set for trial Sept. 8, 2021. It was later continued because a key witness was unavailable and eventually set for Wednesday.
According to court records, Mitchell was convicted in 1995 of possession of a controlled substance and sentenced to three years' probation and then in 1998 of four counts of second-degree forgery and sentenced to 10 years in prison, with all of it suspended, all in Garland County. In 2000, he was convicted in Hot Spring County of felon in possession of a firearm and sentenced to two years in prison, and in Pulaski County that same year of second-degree forgery and sentenced to three years in prison.
In 2006, he was convicted again in Garland County of two counts of commercial burglary and sentenced to 15 years in prison, but later paroled. He was convicted in 2009 in Clark County of possession of a firearm by certain persons and criminal use of a prohibited weapon and sentenced to six years in prison. He was convicted again in Clark County in 2012 of first-degree terroristic threatening and sentenced to 10 years in prison, all suspended.