Trial to start for man accused of being high on meth at time of fatal crash in Miller County
Opening arguments and testimony are expected to begin this morning at the Miller County courthouse for a 64-yearold man accused of being high on meth when he caused a fatal collision.
The defendant, Forrest Rector Stewart Jr., won’t be wearing a military uniform during his trial. Deputy Prosecuting Attorney Connie Mitchell recently filed a motion asking the court to prohibit Stewart from dressing in garb from a branch of the armed services.
Circuit Judge Kirk Johnson’s letter to the lawyers in the case concerning the issue notes that such would be prejudicial to the state and could serve to bolster the jury’s impression of Stewart even if he doesn’t testify. The state’s motion notes that Stewart was discharged from the Army in 1994.
Johnson’s order states that Stewart’s military service is irrelevant to his criminal case and a “blatant attempt to influence the jury in a manner not based on witness testimony or other evidence of guilt or innocence.”
“In effect, the defendant may be attempting to influence the jury with visual information without taking the stand to be subject to cross-examination or may be merely attempting to make a statement of his good character whether or not he testifies,” the order states.
The order also points to Army regula
tions that prohibit the wearing of a uniform by former members of the military unless the military grants a waiver of the rule.
Stewart was dressed in civilian clothing Monday afternoon during jury selection at which eight women and four men were chosen to decide the case.
Stewart, of Ozan, Ark., is charged with negligent homicide in the Nov. 2, 2017, death of 24-year-old James Crowe.
Crowe was traveling south on Highway 67 at U.S. Highway 108 in Miller County when Stewart allegedly crossed the center line and hit him head-on from the north at about 6:45 a.m., according to an arrest affidavit used to create the following account.
Crowe was pronounced dead at the scene. Samples of Stewart’s blood allegedly tested positive for methamphetamine.
If convicted of felony negligent homicide, Stewart faces five to 20 years in prison.
If found guilty of misdemeanor negligent homicide, he faces up to a year in the county jail.
Stewart is free on a $75,000 bond. He is represented by Little Rock lawyer Theodis Thompson Jr.