Man, 81, sentenced for sexual assault after two-day trial
An 81-year-old Hot Springs man was sentenced to six years in prison Thursday for sexually assaulting a 12-year-old male in 2016 after a two-day trial in Garland County Circuit Court.
Robert Franklin White, who lists a Mountain Pine Road address, was found guilty of a felony count of second-degree sexual assault, punishable by up to 20 years in prison, and not guilty of a lesser felony count of sexual indecency with a child, punishable by up to six years, both charges stemming from the same incident on July 30, 2016.
The nine-man, three-woman jury heard testimony throughout the day Wednesday and then retired to deliberate White’s guilt on both charges around 5:45 p.m. Shortly after 8:30 p.m., Judge Marcia Hearnsberger allowed the jury to break for the night and go home, and they returned and resumed deliberations shortly after 9 a.m. Thursday.
After about 15 minutes, the jury returned with the guilty verdict on the sexual assault, but acquitted White on the lesser charge. After a brief sentencing hearing, the jury deliberated for a little over 30 minutes before recommending a sentence of six years in prison and a $5,000 fine on the sexual assault charge.
Deputy Prosecutor Kara Petro said she and Chief Deputy
Prosecutor Joe Graham, who represented the state, “want to thank the jury for their time and consideration.”
Petro said they were able to introduce the fact White was previously convicted in Iowa for sodomy of an 8-year-old boy and had admitted in a previous interview to having sex with a 16-year-old family member. Petro said the family member testified during the guilt phase Wednesday.
White was arrested on the sexual assault and sexual indecency charges on Nov. 4, 2016, and released later that day on $2,500 bond. He pleaded not guilty to the charges on March 7, 2017. A motion to dismiss one of the charges on the grounds it constituted double jeopardy since both charges involved the same incident was filed on July 12, 2017, but was later denied.
On Aug. 22, 2017, a mental evaluation was ordered at the request of White’s attorney, Q. Byrum Hurst, to determine if he was fit to proceed. On Feb. 13, an Act 3 hearing was held and White was found fit to proceed based on the results of the evaluation from the Arkansas State Hospital.
According to the affidavit, on Aug. 2, 2016, Hot Springs police Detective Patrick Langley was notified by the Arkansas Child Abuse Hotline of a sexual offense and was informed by an investigator with the Arkansas State Police Crimes Against Children that a 12-year-old male was interviewed at the Cooper-Anthony Mercy Child Advocacy Center about the incident.
The juvenile said he had traveled with White to his business, ABC Auto & Detail, 107 Phillips St., to help him detail vehicles. He said at one point White started making comments to him about the juvenile’s privates. The juvenile said he went to the restroom, noting the restroom door would not lock, and White entered after him.
He said White told him to let him see his privates and he told White to leave. White sat on the juvenile’s lap at one point and touched his privates through his clothes.
The next day, White was interviewed and admitted he was in the restroom with the juvenile. He said he looked in the direction of the juvenile while he was using the restroom, but denied seeing his privates or making comments to him.
He said he did accidentally brush his hand on the juvenile’s privates on a previous date while he sat behind White in a chair giving him a back rub. White denied the incident occurred on July 30.