BENTONVILLE -- A son of former Gov. Asa Hutchinson was sentenced to eight days in the Benton County Jail, but was released after only six hours in the facility.
William Asa Hutchison III, 47, pleaded guilty Oct. 17 to possession of a controlled substance and second offense driving while intoxicated. He was sentenced to three years of unsupervised probation, but the jail time applied only to the misdemeanor DWI charge.
He was booked in at the jail at 3:07 p.m. and released at 9:07 p.m. Friday, according to Bryan Sexton, chief deputy prosecutor.
Lt. Shannon Jenkins, spokeswoman for the Benton County Sheriff's Office, said Hutchinson didn't receive preferential treatment. His release was based on the jail being crowded, she said.
"We don't have a place to house misdemeanors," Jenkins said.
She said it's not unusual to release people in misdemeanor cases. Jenkins didn't know if the jail tracked the number of people the jail released in cases similar to Hutchinson's.
Hutchinson would have had to be held in administration segregation, which is normally designated for violent offenders or inmates with medical issues. He would have had to be held over a week and there was no place to house him, Jenkins said.
The jail's population Friday was 740 inmates in a facility designed for 669 beds, Jenkins said.
Hutchinson's release was also based on safety issues not only for him, but also for deputies and people near Hutchinson, Jenkins said.
"The sheriff has to have the ability to maintain safety in the facility," she said.
"I learned about the early release from the news," said Benton County Prosecuting Attorney Nathan Smith. "While I believe that this defendant should have served his sentence, it is within the sheriff's power to release people confined in the jail in certain cases."
An early release wasn't part of Hutchinson's plea agreement or any back-room negotiation, Smith said.
"My expectation was that he would and should serve his sentence," Smith said.
Jenkins said the Sheriff Shawn Holloway isn't required to notify anyone about his decision to release someone, but added Holloway does have a good relationship with the Prosecuting Attorney's Office and the judges.
Shane Wilkinson, Hutchinson's attorney, said misdemeanors often get released early due to crowding or other special circumstances.
"I am certain if the jail had room, he would still be in jail right now," Wilkinson said. "The truth is we need the jail expansion and it was voted down during the last election cycle. Our area is a safe place to live and we have a very low crime rate, but the inevitable population growth dictates that we need to expand the jail."
Wilkinson said the jail only gets to work with the space they have, and they need more space.
"This particular misdemeanor commit being released early is only notable because of his name," Wilkinson said.
The sheriff has the legal authority to give credit on any misdemeanor commits, he said.
County officials are mulling a proposed jail expansion project that would cost about $18.5 million and hold 266 to 320 inmates.
Hutchinson's arrest stemmed from a traffic stop Jan. 16.
According to a probable cause affidavit, a Benton County Sheriff's Office deputy saw a vehicle headed west on Southwest 14th Street traveling 71 mph in a 45 mph zone.
The deputy stopped the vehicle on Been Road, and Hutchinson was identified as the driver. The deputy described Hutchinson's eyes as bloodshot and watery and said he smelled alcohol on Hutchinson's breath.
The deputy did field sobriety tests and believed Hutchinson was under the influence of alcohol to such a degree his reactions, motor skills and judgment were substantially altered.
The deputy searched Hutchinson and found a clear plastic bag with a white, powdery substance in his right jacket pocket that later tested positive for cocaine. The deputy also found a gun in Hutchinson's car, according to court documents.
He was accused of possessing a usable amount, but less than 2 grams, of cocaine, a schedule II controlled substance, according to court documents.
Benton County Circuit Judge Brad Karren accepted the plea agreement and Hutchinson's guilty plea.
Hutchinson was placed on unsupervised probation for three years with Act 346, which means the conviction will be expunged if he successfully completes his probation.
Hutchinson's father served as governor from 2015 until January and is currently running for the Republican nomination for president.