Man sentenced to four years in prison for sexual assault
A former Hot Springs man was sentenced to four years in prison Monday after pleading guilty to having sex with an underage girl and sending harassing text messages to her in 2016.
Derald Keith Powell,
27, who has remained in custody since his arrest
Jan. 27, 2017, pleaded guilty in Garland County Circuit Court to a felony count of fourth-degree sexual assault and a misdemeanor count of harassing communications. He was sentenced to four years in prison on the assault charge and one year in jail on the harassing charge, to run
concurrently and with credit for time served. Court costs were expunged for time served.
According to the affidavit, on Dec. 20, 2016, a woman, 37, reported that a 15-year-old girl had informed her she had been in a sexual relationship with a known suspect, identified as Powell, and she had been receiving text messages from him after she ended the relationship, threatening her and another male she had started dating.
The victim showed the text messages to Hot Springs police Detective Patrick Langley, including one that read, “Do you want to break up?” and another that read, “Just tell me then, why don’t you love me anymore?”, which indicated the two were in a relationship.
When the victim told Powell she wanted to end the relationship, Powell texted her, “You need to get over this (expletive). This is going to end badly for both of us if you continue,” and “If I can’t have you, no one will.” He then asked about her boyfriend, stating, “He’s as good as dead.”
During an interview at the Cooper-Anthony Mercy Child Advocacy Center on Dec. 21,
2016, the victim stated she had sex with Powell twice between Oct. 31 and Nov. 18, 2016, both times at Powell’s former apartment on Oriole Street in Hot Springs.
Powell, who listed a Redfield address at the time of his arrest, pleaded not guilty to the charges on April 3, 2017, and the case was continued in circuit court multiple times. On March
20, 2018, Powell’s attorney filed a motion for a mental evaluation to determine if he was fit to proceed with trial.
An evaluation was completed at the state hospital and received on July 2, 2018, which found Powell was fit to proceed with trial and a disposition hearing was set for Monday.